Study On Several Disputed Issues In Bribe Crime

Bribe crime is one of the emphases professional crimes in our country. The employment in government use the power that come from government, accept or claim the filthy lucre, and give the illegal profit to the bribery. This act infringes the probity of profession and authority of government seriously. Because of complexes and special character in this crime, there are many doubts in the judicial practice, in the theory field it appear many-doubted question. The essay try to give some fresh idea base on diverge; hope that can contribute to the research and judicial practice on bribe crime. There are four parts in this essay. The first part is about the criminal subject of bribe crime. The criminal subject of bribe crime is the special subject. , The crime nature is professional crime. It means the subject must be the employee in government. We must define legally the concept of employee of government and employee of country base on the system of government that is the crisis for the criminal subject. In addition, we discuss the relation between the employee of government and employee of country and how to define the scope of criminal subject in this crime. The employee that works for the government can divide two kinds, the one is the employee of government; the other is semi-employee of government, their position is not wholly belonging to the government. Form this, the criminal code must make the different crime. The second part is about the objective element of bribe crime. The objective of bribe crime is a complexes concept .It includes much content. In this part, firstly we focuses on the exploration of its content, consider that the nature of it is violating the professional probity in government. Secondly, from we discuses the concrete content of objective element, we consider the definition of bribe that its content is closed relation with the professional act and has the nature of property. Thirdly, about utilizing the advantage of position, we need recognize the concept "advantage", "position "from the perspective of law, and differ the different expressing. Fourthly, we discusses the concept "enlisting the profit for another", emphasis on the illegally profit, and give advice on legislation.