Analyse The Objective Element Of Bribery

The punishment bribe crime, is one which of major issues the present Chinese society most receives pays attention, is also the arduous historic task which the party and the country faces for a long time. The country Legislature, the highest Judicial organ regarding the bribery crime recognized that the question system has sent some legislative explanation and the judicial interpretation one after another, simultaneously the criminal law theorists also to were bribed the crime the research to invest the enormous enthusiasm, these to a certain extent have provided the rationale for the consummation bribery crime's legislation and the punishment bribery crime. But, because the bribery crime has the suitable complexity, in addition, our country is being in the social transition period, in the judicial practice is bribed the crime the new situation, the new question to appear unceasingly, legislative, the legislative explanation and judicial interpretation's stipulation always presents certain hysteresis quality, cannot satisfy the practical needs completely. Therefore develops unceasingly to the bribery crime research, regardless of instructs the judicial practice to the consummation bribery crime's legislation to have the important meaning. This article way which unifies by the theory and the practice, according to the bribery crime development's new tendency, "in the use duty's convenience" and "sought the benefit to the bribery crime objective aspect for other people" as well as "the claim and illegal receives other people the belongings" to conduct the earnest research, and proposed to the bribery crime objective important document's legislative consummation the expedient countermeasure and the long-term countermeasure, anticipated to this crime's judicature recognized had a benefit with the legislative consummation. The full text altogether has three major part compositions: The first chapter is to the bribery crime objective important document outline. The second chapter is composed of three questions. The author explained the bribery crime to recognize first "in the use duty convenience". Thought that "in the use duty's convenience", must include uses in myself duty the convenient condition and uses the convenient condition which myself authority or the status form. Proposes the bribe should recognize before the duty for the crime, after the duty, is bribed should not recognize for the crime, but should regard the special details to several kind of peculiar circumstances to recognize for the crime. Next, explained the bribery crime to recognize that "sought the benefit for other people". Right "seeks the benefit for other people" whether should carry on the multianalysis as the bribery crime necessary important document two viewpoints, thought that should cancel "seeks the benefit for other people" this important document. Third explained has demanded and receives the bribe the question. Carries on the analysis to the bribe concrete way as well as the bribe meaning, proposed that should expand the scope which our country bribes to the non-property benefit. The third chapter puts forward the proposal to our country bribery crime's objective important document's legislative consummation. Thought that should divide two stages to complete this work. The first stage carries on the revision first to the present criminal law about the bribery crime objective aspect's concrete important document, cancels "seeks the benefit for other people" the important document, the expanded bribe scope. The second stage profits from other national the vertical legal regulation, our country bribery crime's stipulation further specifically will classify, forms the bribery crime the crime punishment series, completes our country bribery crime finally the comprehensive revision.