New Investigations About Some Puzzles Of Bribery Crime

Ancient and modern,Chinese and foreign,bribery crime is one of the crimes which are emphasized punishment on in our country criminal code. The first criminal code after the founding of New China, the criminal code of 1979 had provided definitely, and then the Single legal,Statute, Criminal Law revised in 1997 and the Amendment 7 of Criminal Law had complemented and improved the provision of bribery crime.So much legal provisions played an important role in punishing the bribery crime overall,developing the struggle against corruption intensively and promoting the rapid development of the socialist market economy. However,with the development of society,many new new circumstances and new problems appeared in bribery crime, brought new challenges in defining the scope of bribe, the subject scope of bribery crime and the amount of bribery. in addition,with the diversification of bribery crime form and the development of the criminal law theory, the position of seeking benefits for others in bribery crime was questioned. These problems made penologist and practitioners having to doing new thinking about the new problems of bribery crime. On the basis of the existing criminal legislation and the judicial interpretation, the author had done corresponding combing about the definition of the scope of bribe, the subject scope of bribery crime, the amount of bribery and the positioning of seeking benefits for others in bribery crime by inducting,comparising and comprehensive analyzing various kind of theories between penology circle and judicial practitioners.The author thought that the scope of bribe should expand to any improper interests including property, the subject of bribery crime should be definited clearly and expanded properly basing on the substantive characteristics of civil servants performing public affairs according to the law, the constitutive elements of seeking benefits for others in bribery crime should be canceled. when to measure the punishment of bribery crime found guilty of the amount of bribe money should be changed,a new measurement of penalty system in chief in amount of bribe and comprehensive considering the specific crime should be established,it should difference individual case specific and discriminate applicabling deduction method to determine the nature of the direction of the money acquired illicitly. Just in this way, it can meet the requirement of punishment the new bribery crime forms, not only be better to combat bribery crimes, but also be beneficial to perfection ofour country criminal law theory.