On Confirming The Amount Of Bribes In Bribery

With the enhancement of the strength of punishing bribery, both researchers and practical departments feel that it is important to confirm the amount of the bribes. Especially with the appearance of the judicial interpretation, the confirmation of the amount of the bribes has been the focus of researchers and practical departments. In practice, judges are confused to make right judgments for the lack of unitive standard of confirming the amount of bribes. Confirming the amount of bribes rightly is the premise of applying laws precisely. It is important to use an exact standard of confirming the amount of bribes, together with the analysis of the subjective aspects of the criminals, in order to punish bribery rightly.This thesis is divided into five parts.Part 1: The concept of the amount of the bribes is given by discussing the concept of amount and amount of crime in criminal law. The amount of bribes refers to the value in the form of cash taken by civil servants, who figure for illegal benefits with the convenience in his jobs. Then the author analyses the character and the meaning in criminal law of the amount of bribes.Part 2: In this section, the author points out that it is important to set a precise standard of time in order to confirm the amount of bribes which changes frequently in different time. The necessity of setting the standard of time is discussed at the beginning of this section. Then through the analysis of various standards in the theories of criminal law, the author points out that the amount of bribes should be confirmed at the time when the criminal receives the bribes. The author also makes deep discussion of some complicated cases such as cases of bribes with houses related.Part3: This section has resolved following questions by analyzing the amount of bribes influenced by subjective cognition of the criminals: Whether the criminals cognize the exact things when they receive bribes purposely; whether they know the exact value of the bribes. Then the author analyzes the influence of confirming the amount of bribes when the criminals have a wrong cognition of the value of the bribes. At the end of this section, the author discusses the concept of putative cognition. The author points out that putative cognition are not absolute. The criminals are allowed to disprove it by offering evidences.Part4: This section deals with the issue of the purposes of the bribes in practice. The author analyzes two kinds of purposes: the first is to use the bribes for public uses; the author makes further discussion on how to confirm the amount of bribes when it is used for public uses. The second is to hand back the bribes in the hand; the author also makes further discussion on how to confirm the amount under this circumstance. Part5: This section makes a study on complicated cases in practice with the help of the judicial interpretation issued by the Supreme Court and the Supreme procuratorial district. The author points out that the standard of combination of amount and comparison should be applied in order to solve these cases. The author also makes some amendments to this standard. Then the author confirms the market price definitely towards the case related the purchase of the building with low price.At last The author analyses whether the bonus should be accounted into the amount of the bribes.