Study On The Amount Of Bribery Crime

In Chinese Criminal Law, the crime of bribery is categorized into the offense of amount. Amount, which is of great importance to the measurement of penalty, is one of the constitutive elements of the crime of bribery. On the basis of re-define the scope of bribery, this thesis of lucubrates the principles and specific ways to calculate the amount of bribery , the subjective cognition of the doers concerned in the amount, and the problem about using the money and property for official and public welfare purposes. The thesis is divided into three parts:Part I: definition of the scope in the crime of bribery. The definition of the scope of bribery is the prerequisite for conduct the research in the calculation of the amount of bribery .Based on studying the legislation and the evolution of bribery in Chinese Criminal Law, and analyzing the difference between theories on bribery scope in the academic circle of criminal law, this chapter states that the scope of bribery should be defined as"property, profits from property, and the part of non-property interests which include inevitable property". It also Lists the major sort of targets of bribery in the current phase of development. Part II: Calculation of the amount in criminal bribery. In the calculation, one should abide the principles of unified time and place, and the unification of objective and subjective elements. When studying specific ways of calculation, one should deal with them according to different targets of bribery, that is, monetary assets and material property, bribery for interests, bribery of opportunity, and counterfeit and shoddy articles.Part III: Study on the problems concerning the calculation of bribery amount. The chapter probes into such problems as the subjective cognition of the doers involved in the calculation of bribery amount, and whether the money and property used in official and public welfare affairs should be deducted. The author thinks that the determining the amount of bribery, one should not only take the objective value of the bribe they receive into consideration, but analyze the subjective cognition of the doers to the value, and then to determine the amount through considering subjective and objective elements comprehensively according to the relevant principles of criminal law, Regarding whether the money and property used for official purposes and public welfare purposes should be deducted, one should make the decision after analyzing the objective and subjective reasons for the doers to accept bribes combined with their subsequent action to handle the money and property.