Research On Some Problems About The Crime Of Bribery

Nowadays China has stepped into a typical period when the society ischanging its model sharply while social structure and its every essentialfactor are changing deeply as well. With the development of economy andreform and open policy being carried out furthur, some new factors havecome into being in every side of our social life. Corruption and briberyoffences in such fields as politics and economy also change correspondingly.Basically speaking, corruption and bribery haven't really controlled andprevented though our country has strengthened the nation-force to oppose itunceasingly. That some corruption and bribery frequently emerge, althoughthey have complicated causes and social backgrounds, is worth probing intofrom the criminal law point of view. For example, whether are laws madeproperly? Whether is the net of justice made tight? Therefore, the authorthinks it necessary to research into some problems involving bribery crime 3from the angle of criminal theory and judicial practice in order to make thenet of justice perfect and get bribery criminals punished more effectively. The paper deals with some legal issues involving bribery in five aspects.Section 1 is about the historical development of bribery crime in our country.In the article, the author firstly illustrates and analyzes some regulationsabout bribery crime in criminal law over the years. Secondly he objectivelycomments on the evolvement and development of the regulations for briberycrime made after the foundation of New China. At last, the authorsummarizes the development of criminal legislation as to bribery crime inour country. In section 2, the author expounds the nature of bribery crime.First, an introduction is given about some arguments on the benefit of lawsfor bribery crime both at home and abroad as well as Taiwan region. Then, asummary is made as to some ideas about the object of crime of bribery inthe field of criminal law theory in our country. Therefore, the authorexpounds and proves that the nature of bribery crime is to violate theduty-honestship of state functionaries with detailed illustration in four sides.Section 3 is about the object of the crime of bribery. The author starts withanalyzing the characteristics of bribery, and then compares different briberylegislations both in China and abroad. In this section he also introducesdifferent points of view about the range of bribery in the present criminallaw theory. Combining the nature of bribery crime with the necessity ofjudicial practice, the author points out the range of the crime of briberyshould be defined as "property and property interest". In section 4, the 4author probes into the expression of accepting bribe by taking advantage ofduty. Referring to some Japanese and Korean scholars' understanding aboutthe duty essence of bribery crime, the author proves the regulations aboutthe duty essence of the crime of bribery by our current criminal law,realizing that accepting bribe by taking advantage of duty means obtaininginterest within his own power of his past, present and future post, The authorputs forward his conception about how to make the duty essence of thecrime of bribery perfect in our country. Section 5 is about the prerequisiteproblems of the interest of crime of bribery. The paper analyzes ourlegislation development about the interest of crime of bribery to point outthe disadvantages existing in law regulations. The author also analyzes andexpounds different points of view on the interest of bribery crime in ourpresent criminal law theory, thinking that the terms "obtaining interest forothers or seeking improper interest by forcing others" which are stipulatedin our present criminal law as to bribery crime should be cancelled inlegislation in order to adapt to the developing tendency of worldwideanti-corruption and to meet the demand of punishing strictly corruptio...