Subject Theory Of The Bribery Crime

The bribery crime is that one kind influences government's image seriously, have criminal offence of great social harmfulness, it is the focal point that the anti-corruption attacks. But at the present stage of our country, there are greater disputes in the theory circle of criminal law and understanding of range of the bribery crime main body of practice circle. To the determination of the subject range of the bribery crime, is the requirements for criminal legislation and criminal administration of justice of legal principle of crime and punishment.In chapter one herein, I have collected more detailed regulation legislating to the bribery crime subject of our country, basic thinking of managing the subject crime of bribery crime since attempting to comb the reform and opening-up of our country out; I collected the overseas legislative examples about the bribery crime main body of various countries at the same time, summarize its characteristic and analyze. The stones from other hills, can attack the jade, the legislation of the bribery crime subject, should focus on the national conditions, but need to absorb the summary of experience in preventing from corruptly of other countries. In herein chapter two, so as to engaged in this essential characteristic of public affair for the visual angle I, have analyzed intension and epitaxy of national staff members' concept from logic, define the range of the bribery crime subject. In herein chapter three, I expound the fact among judicial practice to bribery crime subject analysis of knotty problem assert, emphatically. Criminal law theory come from administration of justice practise, want, return to to the administration of justice practising, could really make the criminal law theory give play to due function. I have probed into the people at one's side of national staff members especially, from pensioner national staff member, false country staff member, ordinary doctor, soccer referee could commit the bribery crime subject, by asserting and handling the subject crime case of the bribery crime in the judicial practice correctly.In chapter four herein, I have summarized the characteristic of the subject crime of bribery crime conscientiously, there is regular cause among them to find out, and and restrict the aspect of measure from criminal legislation, criminal administration of justice relevantly, put forward effective prevention and cure countermeasure, this since new situation same below to accept bribes criminal crime molecule make struggle need, it is the urgent need of accomplishing the task of struggling against corruption and encouraging honesty in party and country too. This text through investigate bribery crime historical development that subject legislate, engaged in the public affair for the breakthrough point with national staff member, to influence bribery crime reason that subject assert carry on network analysis, prove from depth and broadness, combine new situation, new problem appearing in the present judicial practice, to leaving pensioner's national staff members, false country staff member, national close relative and in close relations people, state-run doctor of hospital of staff member can become the subject of bribery crime, have put forward the personal new view. To current criminal legislation of the bribery crime subject, criminal judicial explanation, have expounded the suggetion on asserting several questions of bribery crime subject in criminal law scientifically, accept bribes subject of crime understanding difficult point issue assert, to some, person who try it carries on to be comparatively deep discussion.This text propose through go on, legislate, explain revision bribery crime value orientation that subject legislates engaged in public affairing, the substitution of the national staff member's concept, set up routes such as the qualification punishment of the bribery crime,etc., improve of our country bribery crime criminal legislation that subject assert, to restrict subject crime of bribery crime establish relevant related mechanisms.