On Deal Essence Of Bribery

Bribery is at once an important accusation of criminal law, causes great controversy in theoretical circles and relatively difficult to grasp in judicial practice. After the implement of the Criminal Law of 1997, theoretical circles carry extensive research on bribery, with our country's entering into WTO, especially our country as a signatory state signed United Nations Anti-corruption Convention in 2003,which makes further research on bribery necessary. This essay set out from research on essence of bribery disintegrate composition of crime into the whole deal process of bribery on the basis of bribery has a essence of deal, define the subject of bribery as qualification of deal, figuring interests for others as motive of deal, taking advantage of official convenience as condition of deal, extorting or receiving others' bribe illegally as purpose of deal, which makes bribery a direct-intention crime, from motive, condition to purpose constitute an inter-connected organism, which help to reveal the deal essence of bribery. Meanwhile, according to provision of United Nations Anti-corruption Convention, put forward new point of view legislative improvement of bribery of our country. It mainly includes fulfilling the obligations of signatory states, enlarging sphere of "bribe", decreasing minimum amount of bribery and enlarging scope of application of pecuniary penalty, etc.