Essay On Several Theoretical Problems In The Bribery Crime

Some disputable theories and practical questions have been clarified with the endorsement of the new Chinese Criminal Law, which have further consummated Chinese Criminal Law System. But some new problems occurring in the implementation catch some specialists' attention. For example, although bribery is one important form of post crime, it has many explanations. In addition, bribery occurs along with other forms of crime appearing in various ways, which brings different understanding among experts and legal units. The author discusses some theoretical problems based on his own experience in law-enforcement and his study of criminal law.The principle factor affecting criminal style is what kind of subject is offended by the criminal action. In reality, there are many different theories of the actual subject offended by bribery. At the beginning, the author introduces a theory of country interests or law interests offended by bribery. Secondly, the author cites explicitly different bribery subjects as popularly accepted in the fields of Chinese Criminal Law. Furthermore, he points out there are many logical and theoretical fallacies in the theory of single subject, that of complicated subjects and that of chosen subjects. In the end, the author proposes a theory that the bribery subject is the non-purchasing feature of the service offered by the public servants, that is, their service could not be made to exchange materials and money.Chinese criminal law requires that unfinished bribery can be charged less severely or by a lower standard in comparison with finished bribery. Therefore, it is of great importance to distinguish between finished and unfinished bribery. At first, the author cites international opinions which parts with the author's in this point and then cites three features of unfinished bribery, which are the actual action made by the criminal, the unsuccessful outcome of this action and causes of this outcome beyond the briber's control. After that, a case is cited and discussed. In the end, the author claims that the crime of asking for bribe, a special form of bribery, should also be divided into finished and unfinished crime by the standard of whether a bribe is actually taken.The primary issue in bribery committed together by more than two people is whether non-public servants and public servants can be regarded as complicities in bribery. The author considers that the non-public servants should be regarded as complicities, if they induce public servants to take bribe. Secondly, the author analyses several forms, such as the bribery committed by the public servants and their relatives, that committed by non-public servants and public servants, and that committed by people with special social status.Bribery may bring about the problem of how to distinguish between single crime and multi-crimes. The major problem is how to deal with the case, when the actor commits other forms of crime after taking the bribe to make profit for the other side. The author discusses this problem in two ways: one kind of crime committed unintentionally after asking for or taking bribe should be regarded as multi-crimes and be charged together; the other kind of crime committed intentionally in the same circumstance should be regarded implicated offender and be charged by the only and the heavier regulation. Besides the author discusses other issues on types of multi-crimes compared with the regulation of criminal law, that is accumulated amount of bribe taken should be accounted in unprocessed bribery cases.In the Item No. 388 of new criminal law, the author has different viewpoint. He argues that indirect bribe differs in criminal structure especially in the subjective aspects of common bribery; therefore it should be set as a new crime and be charged differently.There is no need to set aside a single term of indirect bribery, if it is charged by the same standard as that of direct bribery. Thus, we only need to set an additional term after the second term of No.