A Study On The Objective Aspects Of Bribery Crime

The bribery was born almost at the same time with the birth of human civilization and human beings have been doing their outmost in their efforts to eliminate this crime. Besides morality, the laws are found to be the best weapon by which an anti-bribery net of law can be weaved. Although, we cannot expect too much effect of the modern criminal laws, which goes against democracy and the principle of the restraining of criminal law, we can expect it to prevent and suppress the crime of bribery that corrupts human civilization.Some regulations for the boundary of bribes and the important document of work in the interests of other people in the crime law of our country can no longer satisfy the requirements of the crackdown on corruption in present-day situation. The thesis tries to find a better solution to the problem by carrying out a study on the subject. The thesis divided into three parts.The first part mainly discusses the boundary of bribes in bribery crime. In this part, the author analyzes the position of bribes in bribery crime and introduces some relative studies abroad by making a comparison between different anti-bribery laws and international anti-corruption regulations. Then, by reviewing the bribery related laws in history and comparing present different ideas them, the author comes up with his own ideas on bribery related laws: two angles should combine in bribery lawmaking. On one hand, all the unlawful interests should be regarded as bribes, which can be the long-term guideline in our lawmaking; on the other hand, if we closely abide by the principle of no punishment without a law, then bribes only includes unlawful properties. However, unlawful properties here should be understood as inclusive as possible. The author holds that unlawful properties should include certain amounts of money as well as properties measured by money.In the second part, the author analyzed the important document of work in the interests of other people. First, an introduction is made to its evolution and position in the anti-bribery law of our country. Then based on the assessment of three ideas of this document, the author puts forward his own idea: "for the interests of others" is the important document of objective aspects, and should be canceled in law amendment. It can be only used as a reference when making measurement of penalty. In present situation when the crime law hasn't been amended, we should abide by the principle of sentences being made according to criminal law. However, considering its nature, the bribery should be understood as inclusive as possible. At last, this part analyzes the differences between briberies and common presents after the abolishment of the document.The third part makes a study on the value of amendment of boundary of bribes and abolishment of document of "for the interests of other". In so doing, the author proved that his ideas keep inline with the present criminal policy of combining punishment and leniency.