Research On The Crime Of Bribery

Nowadays China has stepped into a typical period when the society is changing its model sharply while social structure and its every essential factor are changing deeply as well. With the development of economy and reform and open policy being carried out further, some new factors have come into being in every side of our social life. Corruption and bribery offences in such fields as politics and economy also change correspondingly. Basically speaking, corruption and bribery haven't really controlled and prevented though our country has strengthened the nation-force to oppose it unceasingly. That some corruption and bribery frequently emerge, although they have complicated causes and social backgrounds, is worth probing into from the criminal law point of view. For example, whether are laws made properly? Whether is the net of justice made tight? Therefore, the author thinks it necessary to research into some problems involving bribery crime form the angle of criminal theory and judicial in order to make the net of justice perfect and get bribery criminals punished more effectively.This article is constituted of four parts. Chapter 1 is about the main body of the crime of bribery. First, the author analyse the development and traditions of the main body of bribery. After the introduction of some different statements about the missionary of the state, like the identity, public affairs, property, and the character of the units, it agrees the statement of line of duty, because the working on the public affairs is the basic characteristics of the missionary of the state. Then the article reveals the connotation of"performing public affairs". In the end of this part, the author also discusses the issue the non-government workers participate in the joint crime of accepting bribes.Chapter 2 is about the object of bribery. The author starts with comparing different bribery legislations both in China and abroad. And then it introduces different views about the range of bribery. In the end, the author give out the opinion that the range of bribery should conclude"property ,property interest and other non-property interest".Chapter 3 is about the subject of"To seek benefit for briber". The article comes with the argue of"To seek benefit for briber". And then, the author finds that"To seek benefit for briber"is one of elements of the crime of taking bribes according to the rules of The Criminal Law Of RPC, but there are deferent views on this element. This part argues that the element is superfluous and unnecessary and should be abolished in the elements of the crime of taking bribes.Chapter 4, the author goes over the present punishment system for bribery criminals in inner china and point out its defaults in comparison with that of Hong-Kong,Taiwan and some foreign countries. Naturally the author put forward his own point of view which said that the mode of punishment severity by the amount of bribes should be changed accordingly. Besides the author expresses some other good proposals on establishment of penal fine,restrictions on criminal's rights and things like that which are all very important to improve the system for bribery punishment.