Research Into The Judicatory Cognizance Of Several Problems On Bribery

Bribery is a crime that often occurs in life, and is also a major corruption of the state working stuff . In actual judicatory practice, there are often disputes on the four factors that the bribery crime consists of, owing to the complexity of actual circumstances and to the ambiguity of the content leading to bribery crime regulated by the Criminal Law which was issued in 1997. Take the subjective body of the crime for example. How should we ascertain the scope of the state working stuff? Can the retired stuff or the family members of the state working stuff be included in the crime body? In subjectivity, does bribery intention include indirect intention? Is "Bribery-after-event" a crime? As far as the objective body is concerned, what is the direct objective body offended by the bribery crime? How should we understand the scope of bribery under the present conditions? In objectivity, how should we understand "making use of the convenience of headship"(Item 385 of the Criminal Law) and "making use the convenient conditions formed by the power and position"(Item 388)? How do we define "benefit" in "making benefits" and "unfair benefit"? What effect does the consequence of illicit money and goods have on the constitution of the crime? If the act of the bribery conductor violates the names of other crimes, should he be judged for one crime or more? In this thesis, the author discusses the above questions in theory and in practice, giving significance to creative theory and practice guidance.