The Study On Bribery Crime

Accept bribes crime as one old crime phenomenon, foundation in regime form serious corrosion. Although the past dynasties ruler punishes sternly, but difficult to eliminate all the time, it is " prosperous forever " to be even can be regarded as . As the main form of the crime by taking advantage of duty of our times, the bribery crime is paid attention to sanely by laws of various countries because of its special harmfulness.Our country is in the society and make the transition in period at present, economic system and structure change progressively. Because driving with luring of various kinds of interests, the accepting bribes type crime has obvious ascendant trends. And in establish bribery crime concrete constitutive elements of crime want pieces of respect is it owe science and office that slip to have of our country criminal law, theoretical research overweight to existing normal explanation but difficult new situation in the act of accepting bribe make the due fast reaction, to contain to take bribes of criminal offence to be extremely unfavorable now, demand research and reform urgently.Just because of this kind of consideration, this text attempts to analyze essence of the act of accepting bribe and production mechanism, and according to the knotty problem about the bribery crime to the criminal law theory of conclusion of analysis - -Accept bribes in the range and make one's own analysis with the sex bribery question, try to put forward the countermeasure of suppressing the bribery crime under China's linguistic context finally.Full text except that introduction conclude the speech, divide four chapter 3 part altogether.Part of the introduction: Have introduced the overall situation that studies to the bribery crime of the criminal law theory and deficiency existing at present through the document survey way, point out because the existing research mode is limited to the analysis set patterns of four important documents of traditional going on to the act of accepting bribe, it is not enough to pay close attention to its essence, thus may face the predicament while analyzing the difficult issue concerned of bribery crime, and propose the basic thinking and logic structure and research tool and method of this text on this basis.Chapter one in order to investigate to essence of the act of accepting bribe and mechanism of producing. Have analyzed on the expansion natural instincts of power at first. I point out according to this, abuse of power whether power produce inevitable outcome after, and it is it exchange right for the profit to display. Secondly seek the concept rented in economics of using, point out the essence of the act of accepting bribe is that the system lacks power under to seek and rent. Finally, to our country's present social economic situation, have analyzed the basic reason that the act of accepting bribe of our country produces and spreads.Chapter two on the conclusion foundation of essential discussion to accepting bribes of chapter one, try one of the knotty problems while studying to the bribery crime - -The definition accepting bribes in the range is analyzed. I agree to the view of explaining the theory of essence that criminal law explain the spirit that should reflect the law, admit it is not interests of property that include the view of the range in and accept bribes.Chapter three another knotty problem while studying to the bribery crime - -The bribery question of the sex has been analyzed. I think, it enter agreeing the briberies dispute with the opposition person both sides crime crux under lie in not pestering on the real and right and should different aspects not right, carry on appropriate determining the nature and should be sent and is looked at to the sex bribery in the normal adjustment of criminal law in future. In the future legislation is chosen, I is it propose legislative imagination of mode sex crime of bribery to support.Chapter four the author attempts to put forward some and suppress and accept bribes the countermeasure of the crime from the criminal policy aspect and system design aspect. After the mankind enters and organizes the society that melts, can not have no right, but power has inexorable trend of alienation, so angle watch from then on, is it be can not eliminate totalized to accept bribes, a ethical one enlighten by education function limited too. On the criminal policy aspect, I think I should stand in national long-term stability and steady height of regime, regard the act of accepting bribe as the great threat to regime, should manage the official, strict governmental power strictly; Power is as the organization, human society institutionalized " Essential evil " ,It should be controlled to abuse the trend by the standardized system too. Therefore, structuring the aspect in the system, I have put forward a series of how to perfect the respectful suggestion of bribing the related system.Conclude the speech partly finally, summarize full text.In a word, this text bases on the realistic national conditions of our country with already having a legal system on the basis of forefathers' research, have focused on and analyzed, regard conclusion drawn as the theory prerequisite to essence of the act of accepting bribe and production mechanism, have done the discussion to the range accepting bribes and sex bribery question, and has put forward the feasible structure scheme as much as possible.