Research On Bribery Problems

Bribery is currently a kind of crime by taking advantage of duty,which occurred frequently and heat reflected by masses in our country. With China's entry of WTO,our nation is confronting new developing opportunities and new challenges in all aspects of the society and the economic lives,this will inevitably direct or indirect influence the struggle of anti-corruption. Whether or not may we in front of the huge impact and the challenges keep the stable of social politics and economy and also put us in an invincible position in heat international competition,this will be mostly in some extent subject to the effects of the struggle of anti-corruption. Making bribery as the focus of our present work and how to effectively keep it in limits and strike it is becoming very important. In 1997,based on the new situation,the Bribery was revised in Criminal Law,but due to its complexity and particularity,it exists some difficult problems in judicial practice. This essay begins with the current situation of bribery and basis on the newest fruits of its theoretical researches to analyses and probe into some disputing problems occurred in theory and practice:analyses the meaning of "Bribe",put forward the new meaning to "Bribe";definite the subject of bribery reasonable combining with the legislative evolution of the subject of bribery;dissect the factors of "Taking advantage of one's post" and sum up its main performances;find out the properties of "to obtain profits and interests for others",probe into the ascertainment criterions which conform to the actual situations. Moreover,this essay combines and use for reference of the research fruits from theoretical circles,puts forward perfect suggestions on legislation.