A Discussion On The Several Problems For Bribery Crime

Bribery crime, as one of the exceeding corruption forms, with extremely harmfulness in the society, which not only damaged the tendency in society, impacted clean, honest, diligent and excellent governing, and broke the order of socialist market economy, but also injured the interests of the state, social public and the people's immediate interests. Therefore, no matter the legislative regulations or the judicial activities all put the bribery crime as one of the key points of punishment. However, currently there exists the shortcomings, such as it cannot accurately identify to bribery crime in perfecting the legislative science and jurisdiction practice, and cannot scientifically analyze on the new features of bribery crime under the new situation, etc. and the main reasons contain inexactly command to the composing elements of the bribery crime and one-sided to the conception features of the bribery crime. In the view of these problems, it should research earnestly at the aspects like the composing element of bribery crime, the conception features of the bribery crime (direct bribery, economic bribery, indirect bribery), the problems which should be paid attention to while identify the bribery crime accurately (correctly delimitate the connotation and denotation of bribery, exactly command to the incorrect profit and profit, and the partners of the bribery crime), the difficult points of the bribery crime under the new situation (on the boundaries between bribery and unhealthy tendency, between bribery and acceptance bribes, on the standard problems of the bribery crime committed and uncommitted, rightly distinguishing to the bribery case of receiving and purchasing original stocks), with the aim of raising enforcing level, promoting the fair jurisdiction, and help to execute and carry out the criminal law.A bribery crime refers to the behaviors of the state officers with the help of duty, ask for the properties from others, or illegally receive the properties from others to obtain profits for others. The object of the bribery crime is the honesty of the officers in the state organs; the objective of the bribery crime refers to with the help of duty, ask for the properties from others, or illegally receive the properties from others to obtain profits for others; while the subject of the bribery crime is special, which is only composed by the state officers; and the subjective of the bribery crime is direct willing, whereas indirect willing and negligence cannot be called bribery crime.On the view of the types of the bribery crime, it can be divided into direct bribery, economic bribery and indirect bribery, while all the types have their composing elementary systems and features respectively. It is the direct bribery crime that the state officers with the help of duty, ask for the properties from others, or illegally receive the properties from others to obtain profits for others; the state officers infringe the national regulations in economic intercourse, receive all kinds of rebates and commissions in any excuses and personally owned, this kind of behavior is economic bribery crime; while the indirect bribery crime just refers to the state officers with the help of his/her duty and position, through the behaviors of other state officers in duty, to obtain correct profits for the trustees, and ask for or receive the properties of the trustees.The problems which are should be paid attention while identify the bribery crime accurately: correctly delimitate the connotation and denotation of bribery, profit, command exactly to the incorrect profit, and the partners of the bribery crime. The range of bribery should keep the same as the quality of bribery crime. According to the quality of bribery crime, bribery should refer to the voluntary actions of the briber or forced to provide to the bribee, which can satisfy the material needs and spiritual desire of the bribee, so that it can exchange all the material and immaterial profits through the certain profits or rights of the bribers can be fulfilled by the bribee with the help of his/her duty actions, which includes detailed properties, material and immaterial profits, but including the immaterial profit in the range of the bribery, there comes the problems of how to make quantification in legislation and in jurisdiction, to limit the legal term of imprisonment or measurement of penalty. Obtain the profits for others is the compositing element of direct bribery crime, then, no matter the correct profit, or the incorrect profit, there exists the problem of identification to the content of profit. The bribery crime is the duty offense, a typical corruption behavior of the treatments between money and right, the essence is damaging the honesty of duty behavior by the state officers. The bribers offer a bribe to the state officers to fulfill some profits only can be done by the state officers with the help of their duty behavior. The profits in obtaining the profits for others, only limit among material and immaterial profits which have the inside causal relations to the duty behaviors of the state officers, and exclude these profits which have no inside relations to the duty behavior of the state officers. The state officers collude with the non-state officers, and the ones participate in bribery are the partners of the bribery crime, for the non-state officers should be measurement of penalty as the partner of the bribery crime.Under the new situation of the socialist market economy, there have huge changes to the social relations, tendency in society and so on, then it makes the various changes in the shapes of bribery crime, if there has the will to identify exactly to the bribery crime, it has the necessary to research earnestly to the new tendency of the bribery crime under the new situation, to strike the criminal accurately. The difficult points of the bribery crime under the new situation: on the boundaries between bribery and unhealthy tendency, between bribery and acceptance bribes, on the standard problems of the bribery crime committed and uncommitted, rightly distinguish to the bribery case of receiving and purchasing original stocks.