Study On The Subject Of Bribery Crime

Bribery is through the ages, there has always been a kind of crime. At the present time, bribery crime is the archenemy of building of an incorruptible government, it is the development of the market economy of corrosive product. Because of taking bribes status, so it has became prominent current strike position crime priority. State functionaries use the convenience of position to get illegal profits for briber, illegal collection or property from others, the act of infringement honest national officer, endangered the honest goverment system, but also seriously disrupt social and economic order and normal economic environment, added the state personnel of masses of mistrust, obstruct the national political, economic system reform smoothly. But the bribery crime is the complexity and peculiarity, in judicial practice there still is many difficult issues which are less than very good solve. Especially in the deepening of the reform of the political system, the scope of bribes subject is more bad definition today. What is state functionaries exist great controversy.Bribery is a typical kind of duty crime. The composition of bribes crime subject must be law special identity, no certain identity should not be considered for taking bribes. Our country criminal law specified clearly bribery subjects for state functionaries, but how to grasp the essence of national staff there are many theories. This paper collected many materials in different theories, and tries to explore a certain rule, and combined with the provisions of the criminal law in China, better understanding and grasping the scope of state functionaries, and proposed my own view, on how to perfect the provisions of the criminal law on taking bribes subject proposed some Suggestions to fight corruption crime more effectively.Full text are divided into five parts, totaling more than 23,000 words.The first part, namely the introduction. This part simply introduced the subject of China's criminal law for taking bribes expressly, and in new era "state functionaries" has scope changed, so it is difficult to grasp. And just this research scope limited, illustrate writing purpose, leads to the text.The second part, the essential characteristics of bribes subject. This part of the first introduced the our country criminal law and the relevant judicial interpretations of the main provisions of bribery legislation evolution as the breakthrough point, according to our country's existing three theories about" official" status "combination" theory "of different points of view, and then put forward the author analyzes the" official approval of yourself." In the following section focuses on analyzing the current "official" presents new features and how to grasp "engaged in public service".The third part, the current criminal law of bribes in the provisions of the subject. The criminal law for taking bribes subject have clear law, but "state functionaries" to clear the connotation and extension of that is very difficult, to bring greatly difficult determination. At the mention of main body should concern that bribery some problems, and puts forward the author's view after that state functionaries should include's scope, and three kind of situation "national office working personnel", "quasi state functionaries", "to the state functionaries of personnel" redefinition of identity theory in different circumstances specified in how to recognize the criminal law "national staff'.The fourth part, perfect the main provisions of bribes legislative Suggestions. This part mainly to how perfect the provisions of bribes subject proposed my own idea. Through the analysis of the previous part in this section, the beginning of the present, the author puts forward the main legislation bribes some existing problems, and then puts forward the author's legislative Suggestions, namely, increasing public bribery" " post two charges, purification of bribes" crime "official taking bribes" main body, and explained the reason puts forward such recommendations five reasons.The fifth part, the thesis conclusions. The paper briefly expounds the logic thinking, summarizes the full text and proposed to perfect the state the promise of the main bodylegislation of bribes.