Studies On The New Criminal Types Of Bribery

The crime of bribery is the national public officials in the office and the implementation of the crime, is a product of human society developed to a certain stage, is the result of social public power alienation. In recent years, with the development of the bribe crime people experience and rich, evasion of law and anti reconnaissance consciousness enhancement, bribery crime presents "high position, high intelligence, high technology," a combination of phenomena, high intelligence of the crime of bribery in the study and research of the law, and then used to defuse the risks, to avoid combat, has a great deception and concealment. As more and more disguised bribery, using legal form to cover up the crime essence, bribery and bribery will constantly update.The staff in some countries in the form of transactions, performance shares bribery, investment cooperation, trust management and other more subtle way to accept bribes, to conceal their criminal essence. And so on, the state personnel who take advantage of their office, a more subtle way, extorts money or property, or illegally accept others’ property, for the benefit of others’behavior, namely new bribery crime. Model of accepting bribes, bribery and collusion with relatives, to highlight the phenomenon of crime is the crime of bribery. Looking from the judicial practice, as long as the family collection of property as trustees and staff took advantage of his position as trustees benefit-seeking behavior, have deliberately staff and relatives conspiracy of bribery, ratio of relatives in bribery case and the relatives of common bribery case nearly100%. They depend on each other, depend on each other, hidden traces of the crime, the specific relationship to form new bribery crime of bribery. These new bribery means not only increased the investigation organ and difficulty, but also to the judicial cognizance brings new challenges.Research on the crime of bribery in China as a starting point to current legislation of the crime of accepting bribes, pursuit of perfection from defects in. The criminal law scholars on the content and scope of the bribery crime has not yet formed a unified opinion, the object of crime, the objective aspect of the crime of bribery, the main problems and the accomplice problem has been controversial. The author of "two high" issued "on the handling of some problems of bribery in criminal cases the law applicable" and "the opinions on some issues concerning the application of law for the criminal cases of commercial bribery opinion", from the new bribery crime are complex, diverse, generalize the concept of Jie Dingxin of the crime of accepting bribes, explore its essential characteristics, analysis of the deep the reason. On the basis of the objective aspect of crime behavior in different ways, the new bribery crime is divided into trading form type, cooperation type dry stock dividends, investment, trust management model, gambling, nominal salary type, specific relation type, ownership is not variant eight basic types, respectively discusses eight kinds of model of taking bribes, the concept and characteristics of species distinguish the crime, judicial cognizance and etc.. Based on clarifying the new bribery crime and bribery crime relationship, accomplice and form of concurrence of new bribery crime.Combining with the practice of accepting property returns or intersection, left state personnel bribery problem discussed the nature of behavior and judicial determination, and to distinguish the crime of accepting bribes and ordinary range.The bribery crime is not only China, but also common challenges facing the world today. According to the2010World corruption index (with very clean, the lower the score, the more corrupt), more than six countries accounted for only32,178countries all statistical total less than two into. The International Monetary Fund, the gravity of the problem of corruption from the economic angle analysis,"in the corruption problem is particularly prominent in the country, the amount of investment fell5%". World Bank statistics show, corruption can make a country’s economic growth rate dropped0.5%. The fight against corruption "crunch time, as vice chairman of Transparency International" Abdullah. Aziz said:"severely punish corruption only, countries can develop fast and healthy."In this case, all the countries in the world pay attention to efforts to crack down on the crime of bribery, and perfect legal system as a fundamental measure to curb bribery crime, hand making the bribery of administrative law and special law; on the other hand, attaches great importance to the bribery investigation department, given its superior power of investigation, guarantee the sufficient activity funds. And with the internationalization of corruption and bribery trend, strengthen international cooperation in anti-corruption and bribery of the.This paper will focus on new bribery crime, the complexity and diversity of subject of bribery, bribery object extension and the amount of taking bribes and other hot issues, and analyze the causes of bribery differences resulting from the point of legal culture, absorb excellent culture based on the results, the overall design of the bribery and specification prevention work to reflect the rational tendency, in order to theoretical results will return to the judicial practice, and accept the inspection of the judicial practice.