Several Questions Studying Of Bribery

bribery is a common crime, on which various understanding and cognition have been hold within judicial department. This article is aimed to make a deep probe into some hot issues, including: the essentiality of bribery, how to demarcate the standard and range of subject of this crime, the definition and scope of bribery, how to define "take the advantage of one's position", penalty of the crime,etc.In this article, I point out that the essentiality of bribery is that some public servants violate their honest in performing their official duties and take advent age of the power in hand to conduct power-money or power-goods transaction, which greatly impair the image of our government. Identity and official business are two indispensable factors for a public servant. If we want to make a correct demarcation to the scope of public servants, we must resort to these two factors. In my opinion, public servants not only include the personnel work in national legislative, judicial, administrative and military organs, but also the staff in various level of communist organizations and those in different departments of political consultative conference as well as those work in village committees and neighborhood committees. I advocate that the nonmaterial interests should be included into the scope of bribery, namely, put all the spiritual profits, material profits and nonmaterial profits into the scope of bribery. Meanwhile, we should have a clear understanding that it still has a rather long way to go to set up a punishment system in accordance with this scope of bribery and put it into the judicial practice. As a necessary legal requirement, "takingadvantage of one's position" includes both directly make use of one's post and make use of some convenient conditions correlated with one's post. For those public servants who take advantage of some working activities instead of make use of their positions to take bribes and work for the profits of others, their behaviors do not constitute a crime, but the legislative organs should establish vocational bribery in the purpose of meting out punishment to this kind of behavior. In the end, I hold the view that we cannot take the amount of crimes as the mere standard in judging bribery. If we do that, we conduct negligence to the criminal itself. Moreover, we should take some conditions into consideration, such as: if this criminal offence has done great harm to the interests of our country and collective; if it had inflicted serious damage to the honest of our public servants; if it has exerted an abominable influence to our society. What's more, death penalty should be strictly controlled in the case of bribery.