Research On The Core Problems Of The Crime Of Taking Bribes

The thesis Composed of four main chapters , Lucubrates the jobbery ,profiting others , objects and punishment of bribery and provides somepersonal suggestions on how to fully understand the nature of bribery .Chapter I deals with the problem of jobbery in bribery . Firstly , itdiscusses there are two forms of jobbery : one is making use of his ownpower on a certain post , that is , the power obtained from his own duties orfrom the public affairs he is in charge of ; the other is exploiting hisadvantage of being a head in some post , the essence of which is to use hisobligation to impact and restrict others'behavior to fulfill what he wants. Therestrictions include lengthways one and indicates the point lf view that as faras the second form is concerned , even though there is no subjection andrestriction relationship between the doer and the personnel who is working ina certain state-ownde department , the former one takes advantage of thelatter one by making use of his obligation and the powerful influence hisstatus brings , namely , non-restriction influencing relationship. Holding thisidea , the thesis explains the cognizance of bribery can be done from fiveaspects. Thirdly , it probes what is called taking advantage of past and futurepost to profit others. As for the question whether the case that the retiredmake use of their advantage in the past post can be defined as a bribery ,different situations will have different ways lf cognizance. In this essay ,three ways have been provided. On the other hand , since our country'scriminal law hasn't prescribed whether making use of the future advantage isa bribery or not , it encourages the development of this case , whose harm forthe society is even bigger than that of typical bribery. Therefore, this essaysuggests there should be a more strict stipulation on it when our law isamended. Fourthly, it gives some legislative suggestions on jobbery: the lawshould clearly indicate the criterion and extension of duties on a certain post;"taking advantage of one's obligation"should be changed into "jobbery";bribery on the past duty and on the future duty and on the future duty shouldbe defined in our law so that deficiencies should be avoided.Chapter â…¡, in which there are four parts, discusses the problem ofprofiting others. In Part One, the definition and cognizance of profiting othersare given. The essay indicates that it would be more reasonable to takeprofiting others of how a bribery is defined, but also expresses what abribery's object is. Then the essay also discusses the congnizance of profitingothers. In Part Two, it shows what legal profit is and what illegal profit is.Profiting others, which can be only achieved by making use of obligation ofpersonnel in stat-owned department and jobbery, refers to offering someonematerial profit and non-material profit, while illegal profit refers to obtainingsome benefits through illegal ways. Hence, whether the profit is legal or notdepends on its nature, rather than the way a person gets it. In the third part,profiting others should also be considered as a important factor of askingbribe. From three aspect, this essay explains it is not a scientific method toexclude the factor from our law. In Part Four, the essay gives somesuggestions. InThis part, it indicates that in the existent criminal law, it is incomplete toconsider profiting others as a objective factor, that it is improper to use"others"in No.385 of the criminal law, and that "proofing others"should betaken as a subjective factor. It also suggests that the definition of a briberyshould be changed into the following: A bribery is a kind of crime in whichthe personnel in a state-owned department makes use of his own obligation,intends to profit others by asking them for money and properties or acceptingtheir properties illegally.The third chapter probes the objects of a bribery, including three parts. PartOne explains what the objects of a bribery are. As we all know, there arevarious point of views as for how to define the objects of a bribery, that is,the content of a bribery, in the theoretical and practical fields. Compared thethree point of views mentioned in this essay, the second one is thought to bemore acceptable, which expresses a bribe means accepting not only moneybut also other material benefits. In Part Two, it deals with the features of abribery. According to the content a bribery contains, there are three mainfeatures: properties it concerns, relationship between a bribe and the person'sduty, and relationship between a bribe and profit it brings. The third part is...