A Pragmatic Study On The Inro-bribe Crime-A Legistrative And Judicatory Perspective

Though a subsystem in the bribery crime system, inro-bribe crime provokes a lot of debates between the theory-based school and the pragmatic school in the criminal law society.This thesis attempts to give detailed information about different views oconcerning this issue together with comments and suggestions for the reference of the legislative and judicatory practice.Referring to the legislation precedents abroad and legislative documents home from a macroscopical perspective, this thesis makes deep investigation into the conception of intro-bribe crime and the value of the independence of this very crime. Based on the clarification of the conception, the connotation and denotation of the certain crime, the basic conditions of committing bribe crime are discussed. And from the pragmatic perspective, the essential problems occurred in the judicial practices are discussed with a further discussion of the detailed procedures and difficulties in judicial determination.Last part of this thesis contributes to a neutral comment on dispute over the keeping and abortion of the accusation of this independent crime, and gives some specific suggestions on the improvement in the legislation of the intro-bribe crime.