Research On The Scope Of Bribery In Bribe Offence

As an official crime, bribery is always specially noticed by fields of both the criminal law and the judicial administration. That is not only because China has a great number of office who possess some privileges, it is hard work that how to guarantee the office staff use their privileges in a correct way. But also the complexity of its criminal acts which lead to lots of theories and judicial problems.This article doesn't certainly superficially elaborates the bribe crime, but it is take the scope of bribery as the key spots in the research and analyze the tendency in our Criminal law research. As we all know, there are various point of views as for how to define the objects of a bribery, that is the content of a bribery, in the theoretical and practical fields. The first, some scholars consider that bribe is property and doesn't comprise other rights and interests,for example, Some scholars think that our country consistently carries out the criminal policy of that punishment and leniency are combined together, which decide the determination of bribe acceptance can be controlled in a proper range and if the non-properly benefits are regarded as bribe, the punishment range will be extended. The second, some scholars think that at present, bribe should be understood as property benefits, namely, which should comprise both money and other corporality benefits. Some other scholars think that the stipulation of current criminal law is too strait for property in the crime of accepting bribes .As the object of crime in bribe acceptance, the property should possess corporality benefits and comprise not only the property which exist with objective form but also other labor services containing corporality benefit. The third, some scholars think that the scope of bribe should be extended to all benefits comprising property, property benefits and non-property benefits which can satisfy people's demand in spirit and material.The author does not explains myself viewpoints simply specifically in view of these three arguments, but I first adopt the comparison research, comparing the range of bribery in the stipulation between the mainland legal system and the English-America legal system country. I discovered, although there exists a lot of diversity in the two big legal systems criminal law about the scope of bribery, the stipulation about the scope of bribery are all more widespread than China. Judging from this significance, it has provided an example to our country's legislation.China now is the member state of Unite Nations Convention against Corruption (Convention hereafter). The convention provides basic legal guide and accepted principles for the struggle against corruption while at the same time our corresponding legal institution is not intact, which brings some differences between the regulations of the convention and that of china.The international law principle must abide by according to treaty and convention of our country indirect conversion of treaty often abiding by in legislation, actual judicial practice suitable for use, in our country legislation practice, criminal legislation should come to perfect our country anti-corruption from deliberating theoretically from angle suitable for use " Corruption " first, thereby messenger our country in the legislation and Corruption "" meet relatively, To look forward to making use of " Corruption " more sufficient what be established anti-corruption mechanism and the construction system, come to push forward machine-made improving and perfecting of our country anti-corruption law, therefore, from some to inspect with kind of angle, going a step further that China adds " Corruption" also for our country corporal punishment improving and perfecting having provided a valuable reference version.On the basis, the author has analysed the five factors restricting a country's range of bribery. First, the limitation of the penalty attacking the bribe crime,That the social demand committing a crime by announcing to striking a bribery to penalty in having punished a bribery committing a crime , having prevented from committing a crime upper limitation happened again, having declared lays hope in a penalty blindly is unscientific constantly. Therefore , On one side, we needs to depend on a penalty to give strike, this is to say, we may expand the scope of bribery. on the other side, we aren't unable to leaves the complete hope to the penalty. Therefore, expanding the range of bribery committing a crime is not fit for our country's facts. Second, we should keep the dynamic balance between the human rights guarantee and the social protection I has pointed out when corporal punishment commits a crime in punishing a bribery, it not only ought to put particular emphasis on the social protection ,it also ought to give consideration to people's human rights, therefore, the scope of bribery cannot rashly magnify, and it must seek the balance point in two conflicts. Third, the traditional culture of giving presents impact the range of bribery. Our country can be termed the country of etiquette , the gifts can be seen everywhere in life , corporal punishment cannot give consideration to realities , so we should separates the things and gifts from bribery in committing a crime. It's four, the bribery commit a crime being hit by ascertaining that bribing prices value valuation standard. In our country's actual judicial practice, ascertain that to the bribery like the thing according to that whose value is in progress, the expansion leads to this valuation standard obsolescence, it is hit by bribery range ascertaining that therefore, being restricting bribery of our country also to a certain extent committing a crime. Fifth,criminal law efficiency. Law action once grows a norm, the person operates the angle surely, consuming certain resource, and complying with economy .therefore, the research of the economy being is a important research way ,and it is necessary to adopt corporal punishment way to strike a bribery , and the expansion to strike brings about many results. Excessive consumption bringing about the corporal punishment resource, is simultaneous , this is also that are what criminal actual judicial practice of our country has no way to bear it, therefore, the bribery must consider criminal law as committing a crime being hit by bribery range.The author has suggested that as said or narrated above finally in formulation after five kinds of factors, we need the current situation basing in our country, bribe range in order to expand our country bribery committing a crime. First, the author has analysed the real possibility in order to expand bribery range , the essential factor just saying a country has changed intermittently; At the same time, expanding the range bribing committing a crime to committing a crime; and it is also the duty that China joins the " Corruption". Secondly, the author has analysed the way in order to expand bribery range, I has pointed out the fact that scholar's scientific or law make an explanation to expanding the "property" range is block of wood science's, the author agrees with the fact that make an explanation or judicial interpretive legislation way is also block of wood science's, by the fact that modification "corporal punishment" comes to improve and perfect.This expands chaos in bribing bribery in committing a crime order in range, bribing range in being to commit a crime relative to the bribery expanding blindly in proper order. Comparatively feasible legislation will be, the present stage have "property" to expand till "property or property benefit " by revising our country "corporal punishment", with the bribery range, be not that "illegitimate benefit " waits for time is propitious but when, while comparing again by the fact that revising corporal punishment, giving perfect , being really is reliable when rule by law is more perfect and perfect.