"Sexual Bribery" Into The Basic Conditions For The Crime And Legislative Design

This paper is divided into five chapter describes "bribing" the crime base and moral basis of fact, the judicial interpretation of the basic theory and basic conditions, and finally a "bribing" the crime of legislative provisions on bribery and the legislature will have an important function and value.Chapter 1, "bribing" the crime. the reality of "bribing" the crime of yahweh:(1)a basic condition for the public security fire control units of four is the "receiving bribes" contain "bribing" ;(2) its discipline rules were not enough to bind "bribing" ;(3)on civil and administrative means cannot solve the "bribing" ; (4) a large number of corruption cases of "bribing" to be made criminal law.Chapter 2 "bribing" the moral foundations of the crime. "bribing" the crime of the moral basis, its core is that transgresses moral standards of "bribing" up to standard illegal act that violates the law, The prerequisite is the "bribing" behavior transgresses moral conduct is beyond social harm, is a crime characteristics required in the serious social harm.Chapter 3 "bribing" the crime of the judicial interpretation. in november 20, the supreme people's court and the supreme people's procuratorate issued jointly on the commercial bribery law applicable to criminal cases a matter of rule 7 "commercial bribery property" of "bribing" contain,In this connection, it is necessary to clear or two questions is yahweh a judicial interpretation can be completely solved "bribing" the crime problem ; of the judicial interpretation through expansion can you explain a solution to "sex" the crime problem.Chapter 4 "bribing" the theory of criminal law. in theory, "bribing" the social dangers ; "bribery" is exactly what constitutes a crime.Chapter 5 "bribing" the crime legislation. clause 1 design :(1) "bribing" the crime of qualitative terms. the design of a qualitative terms of the crime, criminal law is designed mainly on the field "independence" and "independent" or "broad terms stipulated that" three kinds of knowledge view. Comparatively speaking, i inclined to agree on the "independence", for "separate charges of bribery" to solve the problem of qualitative has obvious advantages, and "independent" with "broad terms stipulated that" two ideas to tackle sexual bribed into the guilt of qualitative issues, have the obvious defects. (2) "bribing" the crime of sentence terms design problems. in the nature of the punishment of bribery "in terms of the design issues requiring clarification of yahweh, or explore" bribing "is there a price," bribing "can you quantify," bribing "can you apply the" punishment commensurate "principle for a few questions. (3) "bribing" the conviction of the terms crime the punishment design problems. the approach of "bribing" the crime of the conviction of the sentence, i proposed the following terms as the future of the criminal law incorporated in "the design of bribery".