The Study Of Related Problems Of Bribery Crime

Corruption phenomenon is a right of alienation ,it is a "combination of power and selfish desires born the son of evil". Bribery as a serious violation of state organs to normal activities and behavior of state officials in positions integrity of the crime, It is the phenomenon of coexistence of human society, is prevalent in countries in the world political and economic life of the issue. In modern times, worldwide bribery increasingly serious economic crimes in all countries have figured prominently in the proportion of China is no exception, especially in China's reform and opening up access, bribery crime in the state, showing multiple new features, such as the a common crime of bribery is a common judicial practice of bribery patterns of crime, particularly with China's crackdown on the crime of bribery increased, Currently, some clever bribery criminals, mostly he did not personally accept the offeror's property, but by their spouse, children, lovers, etc. come forward to accept property, but also the means of implementation is more subtle and intelligent, so that the more complex crime of bribery. The existing system of legal punishment and social prevention system lagging. Therefore, in judicial practice, the Court finds that such bribery crimes of the differences often occur, leading to crime prevention and control of bribery loopholes and weak links, which for the party and the countryLong-term stability is very negative and dangerous. This paper has been the subject of taking bribes on the Criminal law scholars departments and judicial practices in several areas of concern for a number of hot issues.The first part of the bribery of the main historical evolution, in this section, mainly the evolution of China since the founding legislation for the clues, combined with the relevant legislation abroad, the development process of China's experience of bribery of the main complex of the carding process. From 1952, "The People's Republic of China Punishment of Bribery Ordinance" in the crime of corruption punishable by criminal law in 1979 that all state organs, enterprises, institutions and other persons engaged in official business in accordance with law. 1988 "on punishing corruption and bribery of the Supplementary Provisions" in the "decision" under the main basis for accepting bribes to increase the collective economic organizations, personnel,97 of the Penal Code again companies, enterprise personnel accepting bribes and accepting bribes phase separation, finally, "the Criminal Code Amendment (7)" increased "to use the influence of taking bribes."Second part of the bribery of the main basic research, that part of the first national staff from the essential characteristic of proceeding to determine the scope of state organs, clearly engaged in the specific characteristics of public service, in order to define the scope of national staff has set a standard for judging. Then, this paper from the state-owned companies, state-owned enterprises, state institutions, mass organizations and other related concepts determined start targeting the scope of national staff to conduct feasibility studies,Third part of the joint criminal bribery main study, the part of the first bribes the main features of the common analysis, then the identity from a pure guilty of bribery between the common identity with the pure and non-genuine status of offenders guilty of bribery between the two aspects of common the main body of the joint criminal bribery Analysis carried out, specific to the pure and non-genuine status as guilty of committing a total of betweenWith the bribery issue, the first non-state personnel can constitute complicity in the crime of bribery conducted a theoretical study, the author says in the positive and negative based on the assessment said that certainly is more reasonable. Then, by combining the theory of criminal law, for non-state staff and national staff of the concentration of mixed types of correlation analysis.In addition, the end of the third part, combined with "Criminal Law Amendment (7)" and "Supplementary Provisions charges (d)" The introduction of the national staff with a specific relationship between the bribery case a brief description...