On The Legal Nature Of The Briber's Exposing Corresponding Bribe-Taking Criminal Acts

At present, the Criminal Theory and Justice Practice have reached little opinion on the legal nature of the briber's exposing corresponding bribe-taking criminal acts. Even there is some one-sidedness. The majority of people believe that briber's exposing corresponding bribe-taking criminal acts can only constitute surrendering, but not a meritorious service. In fact, briber's exposing corresponding bribe-taking criminal acts constitutes the meritorious service. Because briber's exposing corresponding bribe-taking criminal acts gets up to the conditions statutory disclosure meritorious service; it is a necessary choice of learning from foreign experience in the relevant legislation. Making briber's exposing corresponding bribe-taking criminal acts as meritorious service reflects the essence of meritorious service system; at the some time it is good to control the running of prosecutorial power in the investigation of bribery.At the same time, the meritorious service that briber exposes corresponding bribe-taking criminal acts maybe compete with particular surrendering,ordinary surrendering,quasi- surrendering or confession in different cases respectively. We must deal with the competing issues according to the principle of solving the discretionary penalty cases' assemblage and 'conducive to the principle of the accused'. When briber's meritorious service competes with particular surrendering, we should chose the latter generally, expect that the briber has committed many crimes and with other circumstances surrender. When briber's meritorious service competes with ordinary surrendering or quasi-surrendering, if the bribery is not serious one, then chose ordinary surrendering or quasi- surrendering; if the bribery is a serious one, then meritorious service; if the briber with other surrendering has committed many crimes and briber's meritorious service is a great one, then chose meritorious service. When briber's meritorious service competes with confession, chose meritorious service in any cases.