Research On Determination Of Legal Responsibility Of New Bribery Behavior

As a typical way of duty crime, bribery crimes have great harm which not only damage the state personnel's duty behavior and also corrupt social culture and ideology, even threaten the authority of political leadership. Forceful blow to bribery by law is not only the need to our country's policies and guidelines, and also the pursuing aim of criminal law academic world. However, in the modern society, with the fast change of the social economy and culture, the defect of law's hysteretic quality becomes more prominent, and the objective behavior of bribery also increased many different new species. This thesis aims to superficially discuss the new way bribery behavior and its relevant determination of legal responsibility.The first part of this thesis is to overview the ways of bribery behavior. The first section briefly states the provisions in China's criminal law about bribes. From the earliest ordinance in Punishing Corruption Ordinance of the People's Republic of China in 1952 to the formal ordinance in Criminal Law in 1979. and then is officially stipulated in 1997--- the Criminal Law of the System and Comprehensive Bribes, finally, 2009 amendment of Criminal Law (7) about the latest bribes are prescribed by law. The second section is a brief introduction about the patterns of bribery behavior, according to the Criminal Law, It elaborates the general meaning and forms of"use the convenience of position", and contacts with law to summarize its forms. With the contact theories---- "bribery" and "bribe" it states the meaning and its form of expression. The last part is about "seek interests for others" theory, first analyzes its specific meaning, then put forward the author's view of which is the objective conditions of the crime or the subjective conditions in forming crime.The second chapter research about the new ways of bribes behavior and judicial predicament. The first part describes the typical new ways of bribery actions: obviously unreasonable price trading, illegal property register, using borrowing or gifting forms to conceal, special subject behavior, using gambling form to accept bribes etc, to list its new forms in detail, and then briefly points out its difficulties both in theory and judicial practice. The second part briefly summarizes the characteristics of the new varieties of bribery crime: variety forms, new manners, long time span and broad subjects. The third section is to explore new bribery legal regulation is necessary; the behavior of social harmfulness from punishment shall be punished with the angle of two aspects. The fourth section of the problem is the legal interpretation, pointed out the problems related to the law.Final chapter puts forward some suggestions about the determination of legal responsibility to corruption. The first section explains the legal interests protection of corruption theory and the definition of "bribe" description, the paper firstly elaborates the legal protection concept of interests and significance, then raises different theories of it, and through comparing the normal state and private property right theory of management theory, resistance of corruption theory and not buy the characteristics, get the doctrine of the theory of properties for not buying is the most reasonable conclusion. About definition of "bribe" description, from the previous material benefits theory to interest theory, then analyzes its specific forms and types and read the relevant theories to get my point of view. The second section proposed some suggestions that bribes amount: the first is the problem of calculating the unreasonable transaction and how to control the"market price", the second is his views on the"not actually transferred shares ", and put forward my views on intentionally replace bonus for equity and the problems of part-time job problems. Third, is to be completed before the judicial organs shall investigate the stolen goods or refund amount of legal problems, and puts forward the some shortcomings of law and their solutions. Finally, suggests the ideal ways of unregistered real estate property right, automobiles and value standard of pet calligraphy and painting, etc. It also discusses the recognition of bribery, and which it should be taken as crime in previous disagreement in advance and accepting bribes and intentionally committing the problem. The third part concerns about the bribery and the differences of other civil behavior, this paper probes into the problems of the main distinction forward with loans, corruption and gambling do native behavior with the general bribery entertainment distinguishing the two methods to resolve this problem. The forth quarter is about the determination of two kinds of special subject behavior, in reference to Chinese Criminal Law of the provisions on bribery subjects, analyzes whether they should be regarded as crime of unjust football referees and public hospital doctors, this two kinds of special subject behavior. The fifth quarter is about the postmortem problems of corruption, explores which belongs to bribe crime in previous disagreement in advance and accepting bribes and intentionally committing the problem. The sixth part is about sex determination of bribery, it has been controversial for many years, supporters say, from social harmfulness and behavior of the essence of bribery, and it belongs to bribery crime. From the evidences, the problems lie in the technology of taking evidences. While, those opponents say, first, from the smallest law for maximum benefits paid, it should not be included in the properties of criminal law. Secondly, from the perspective of evidence and sentencing sex, it is difficult to determine its criminal responsibility of bribery in practice operates. This paper analyzes and compares the two problems, and then puts forward the author's own viewpoint.Finally, in conclusion part, because there are many the flaws in new bribes behavior matters, and limits in depth of exploring, I hope for the future, in order to study the problem comprehensively.