Discussion And Analysis About Some Questions Of The Bribery Crime

The act of accepting bribe is a kind of corrupt behavior on the office-bearers' post, which destroys and poisons general mood of society seriously.It damages the Party, country and national civil servant's prestige among the public, and ruins the reputation of the Party and government, shakes the foundation in power. It is abhored by the people, and was the focal point that the criminal law of our country attacks over these years too. According to statistics, in all civil servants' crime by taking advantage of duty of our country, the bribery crime is the supreme crime of happening rate, and have the tendency to increase progressively year by year. Current criminal law and relevant judicial explanation of our country to the regulation of the bribery crime is comparatively simple. Because egislative technology is finite and legislative departments lacks the coordination, it lacks the unity between relevant judicial explanation and penal code, and there are a lot of difference on the explanation to law and justice. With the the difficulty increaseing progressively on accepting bribes investigation and collecting evidence, it brought a great deal of difficulties to bribery crime asserting for practice department, therefore it is hotspot for Circle of theory and a nodus in judicial. In the judicial practice, these questions, such as how to confirm the subject of the bribery crime, how to understand the object of the bribery crime, how to distinguish exploiting one's office directly and indirectly and how to determine the nature of important document of the interests etc. confuses judicial personnel frequently.The paper expound bribery crime from four aspects: the subject of bribery crime, the object of bribery crime, the bribery crime important document of "exploit one's office" and the important document of the interests in bribery crime.The first Part is the subject of bribery crime. It focus on the analysis of range of Civil servants and that several special subject can be the subjects of bribery crime. It points out Civil servants' concrete rangeThe second part is the object of bribery crime. It described that object of the bribery crime is the nontransferablity of the behavioral of Civil servants' post. The third Part is about the question of "take advantage of post". " take advantage of post" is a important composition document of the bribery crime, which means that takes advantage of one's own post directly. Its basic attribute is "directness" es the situation of" convenient condition rooting in takeing advantage of one's position and power facility ".Part four is about the question of" seek the interests for others "." Seek the interests for others " is composition important documents of the bribery crime to in current criminal law's provision.I think the stipulate accords with the legal principle and present national conditions of our country. If we cancel this important document of" seeks the interests for others " in the bribery crime, it will cause punishment range of bribery crime appropriate enlargement, and make its criminal law principle in conformity with crime and punishment deviate from directly.