A Study On The Problems Of Bribery

Starting with the actuality of bribery and basing on the latest researches, this thesis analyzes and discusses some disputed problems in theory and practice:The first part is on the issue of the main subjects of bribery. This part discusses the range of state personnel and several particular kinds of persons, pointing out the concrete range of state personnel.The second part is on the issue of taking advantage of one's position and power. Taking advantage of one's position and power is a necessary condition of an offence of bribery. It includes the condition of using one's own position and power directly and the condition through the action related to the post of other state personnel who are administrative subordinations. But the condition of using the advantage of the facilities created by authority of office or position is not included.The third part is on the issue of seeking advantages for another person. To seek advantages for another person is stipulated as a necessary condition of bribery in 1997 Penal Code, which is very unscientific. As long as any state personnel accept unlawful benefits from bribers, he must have destroyed the probity of the action of position and power of stare personnel. Therefore, to seek advantages for another person should not be stipulated as a necessary condition of conviction of crime, but can be regarded as a circumstance for a heavier punishment.The fourth part is on the issue of accepting bribes through mediation. In order to define"taking advantage of the facilities created by one's authority of office or position", we should take the opinion of infective relationship, but not the opinion of restrictive relationship or the opinion without restrictive relationship. To seek unlawful advantages for bribers, which is stipulated in accepting bribes through mediation, is not correct. The advantages seeking for bribers should include unlawful advantages, indeterminate advantages and lawful advantages.