Theory Interpretation And Justice Cognizance Research To The Objective Aspect Of Bribery

Bribery as one of the crimes by taking advantage of duty,every country in the world pay much attention to it for its great damage to the society and its importance to the construction of a clean and honest administration. With the development of the society, this crime shows some new forms, which add the difficulties in the judicial practice. In order to strengthen the operability in the practice, it is necessary to do research deeply about this crime. This article introduces bribery from the angle of objective aspect, it criticizes the controversial problems in this aspect, and expresses the author's opinion to order the practice.This article is divided to six parts, they are: the summary of the objective aspect to bribery, interpret and cognizance the Tatbestand of taking advantage of duty, interpret and cognizance the Tatbestand of demanding or taking bribe from others, interpret and cognizance the Tatbestand of figuring for interests for others, interpret and cognizance the Tatbestand of mediating bribery conduct, interpret and cognizance of after taking bribe, details:Part one: this part begins with the legislation of the objective aspect, it introduces the regulations in different times, and the process of maturity. Then it introduces the related regulation abroad and the value for reference.Part two:it proves the indispensability of this part by analysing the object of bribery. It proves that it is unnecessary to discriminate the sources of duty, it can be concluded by one sentence directly. Whether the duty belong to past or future, they both break the regulation about the bribery.Part three: this part discusses the demanding bribe from others and the taking bribe from others respectively. It explains the meaning of demanding and taking. And the demanding comes into existence after possessing the bribe. The relationship between taking bribe and figuring for interests will be discussed specificly in the next part.Part four: this part is the key point of this article. It begins by identifing the character of figuring for interests for others. The author thinks that it can be taken as a objective aspect right now to solve these problems in practice. However, with the development of technique, it is necessary to return to subjective aspect in the future. It also explains that whether demanding the bribe or taking the bribe, they should take this part as the premises. At last, it introduces the meaning of others and interests. The others means all people except bribee, not just the briber. The interests includes illegitimate interests and legitimate interests.Part five: it compares the mediating bribe conduct with the normal bribe conduct at the beginning. And it concludes that the legislator should set up a new accusation to fit for the requirement of the characteristics of this conduct. The authors thinks that illegitimate interests can be explained very well by legal interpretation, not to revise the law.Part six: the last part begins with a classic case, it expresses the understanding to the after taking bribe. This article claims that this conduct should undertake the responsibility by reasonable legal interpretation.