Study On Several Issues Of The Offering Bribes

Corruption and bribery cases are becoming more and more, and people are shocked by the number of money, people and officials in these cases, what tells us that it is important and urgent to attack embezzlement and bribery crime sternly. The seriousness of corruption crime and enormousness of the money imply that the offering bribes is becoming more and more severe. If we want to attack embezzlement and bribery crime effectively, we should pay close attention to and attack offering bribes that is the source of the embezzlement and bribery crime. Because people have different opinions about the components and the identifying of unfinished form of offering bribes, and the standard of identifying is different in the theory and judicial practice, as we know, this appearance is not beneficial to attack offering bribes, and violates the justice and definiteness of the law.For solving these problems, this article, what is base of the concept and features of the offering bribes, analyses constitutive feature of the offering bribes, and studies and identifies the standard of the unfinished form's identifying of the offering bribes comprehensively, and this article provides the standard for realizing and identifying offering bribes thoroughly and comprehensively in the practice. In addition, the article provides some suggestions about penalty discretion of the offering bribes, what provide the powerful standard and guarantee for attacking the offering bribes and corruption crime, so that some problems of the offering bribes'sentencing are solved, and the legislation of the offering bribes becomes much better. The article has three parts, as follows:First, the first chapter analyses the legislation and clears the concept about the offering bribes by means of the concept and features of the offering bribes. Then, this chapter summarizes all kinds of the theories of constitutive elements of the offering bribes in the theory, and expounds and identifies the constitutive feature of the offering bribes.Secondly, the second chapter tells that the offering bribes has the unfinished form, and discusses the standard of the finished and unfinished form of the offering bribes. By summarizing all kinds of the opinions about the standard, the article tells that the standard of the unfinished form of the offering bribes bases constitutive elements of the offering bribes, meanwhile, we must consider the following three points: the first, the briber whether begins to do the behavior of the offering bribes; the second, the behavior whether includes the constitutive elements of the offering bribes; the third, if the behavior doesn't include all constitutive elements of the offering bribes, the reason is whether controlled by the briber. So the unfinished form of the offering bribes must accord with the following three conditions: the first, the briber begins to do the behavior that he/she gives property to the national staff; the second, the national staff doesn't accept the property: the third, the reason that the national staff doesn't accept the property can't be controlled by the briber. Therefore, the identifying standard is established, what provides norm for identifying the offering bribes in the judicial practice.Thirdly, the third chapter provides some suggestions about penalty discretion of the offering bribes. The offering bribes what is the source of the corruption bribery crime is harmful. We must attack the offering bribes sternly, because it is an important point in anti-corruption. Because the sentence of the offering bribes isn't comprehensive, a lot of behaviors aren't punished by law. For solving this problem, the article suggests that the offering bribes can apply to property punishment and qualification penalty, and the judge could better to consider the different identity when they sentence. So, we can not only attack the offering bribes effectively, but also the justice of the law is revealed powerfully.The concept of the article is from gradual to deep, from theory to practice, and I hope that it is useful for judicial practice.