Several Issues On Study Of Giving Crime Of Bribery

The crime of bribery is a crime against a great, it directly against the state clean government, social justice against the judicial environment and disturb the normal market competition order. In this paper, "Criminal Law" in Article three hundred and eighty ninth bribery provisions of the basic framework of a study, in accordance with legislative intent and with reference to relevant judicial interpretation to seek improper interests identified, the identification of economic bribery, bribery crime patterns and crime Numbers of finds identification Crime and is not a crime bribery, bribery this crime and the limits of the crime he and China's "Criminal" perfect crime of bribery as the main content of this article. Paper is divided into three chapters:The author in the first chapter constitutes the crime of bribery problems in a systematic analysis. Include: Section I, bribery problems in the main analysis focuses on whether the main body of the crime of bribery, including foreign nationals and stateless persons, and whether to include the private sector. Section II, bribery problems in the subjective analysis, which mainly involved to seek illegitimate interests and define the nature of the problem. Section III, there bribery controversy object analysis, theorists are now the main existing systems introduces several viewpoints, and put forward their point of view, that is the object of bribery violations of the national integrity of the staff positions. Section IV, bribery problems in an objective analysis of the respective author of "Criminal Law" three hundred eighty-nine first paragraph of the "give" "property" of the scope and content analysis of the system, and "Criminal Law" second paragraph three hundred eighty-nine bribery for the economic analysis of the system description describes the constituent elements of economic bribery and kickbacks, bribery charges and the economic behavior of the identification of special problems themselves.In the second chapter is bribery problems in judicial practice were discussed. Include: Section I, bribery Crime and do not think that crime Discrimination, the author of practical in-depth detail of the acts of bribery and gift limits, bribery and emotional limits of investment behavior, bribery and the general behavior of the boundaries of dinners bribery and bribery offenses and general boundaries. Section II, attempted bribery and discrimination accomplished, I will have a representative in the theoretical circle four viewpoints in detail, put forward their views and proposed master criminal bribery attempt of the three criteria must be followed conditions. In addition, the common practice of bribery attempts to commit a major case was introduced. Section III, bribery and related crimes Discrimination, the author first introduced the crime of bribery and bribery of the boundaries of units, combined with the Supreme People's Procuratorate in 1999 promulgated the "People's Procuratorate on file for investigation of cases directly accepted standard filing requirements" (draft) and the aforementioned elements of the crime of bribery of bribery and bribery unit boundaries were analyzed; Second, the author describes the crime of bribery and bribery by the corporate boundaries; again, the author discusses the crime of bribery and introduction of Bribery difference. In addition, the author also discussed the bribery and introduction of some aspects of the accomplice in three different points. Section IV, the number of bribery crimes Analysis form. First, the author discusses the problem of bribery Implicated; Second, the author discusses the problem of bribery committed continuous; In addition, the author also covers the crime of bribery committed Continuous problems.In the third chapter is perfect for bribery legislation discussed, including: Section I, bribery legislation, the shortcomings, the author mainly from the bribery subjective, objective, three aspects of criminal responsibility are described. Subjective aspects of the author constitutes a major element of the crime of bribery, to seek illegitimate interests were discussed. Objective aspect, I believe that bribery provisions of the objective aspect is still relatively limited, the lack of comprehensive, mainly for the crime of bribery on the one hand the objective behavior is limited; bribery bribe the other hand is limited in scope. Criminal liability, I believe that our criminal law is only criminal penalties for bribery unit provides criminal fine, while it does not require bribery, this is bribery lack of criminal legislation. Section II, bribery subjective aspects of sound, I believe that the subjective element should be eliminated in the "seek illegitimate interests." Section III, the objective aspect of the perfect crime of bribery, I believe that bribery should be increased first aspect of the objective behavior, the existing criminal law in the behavior of bribery by a single approach to a variety of behavior; the second expansion of bribery Bribery range of objects, consider the bribes to extend the scope of property interests, but also non-property interests can be incorporated in, and through judicial interpretation of financial content of bribery and clear of specific, practical problem solving ; IV perfect criminal responsibility bribery, the author from around the world penalties for bribery and judicial practice in analysis, that criminal penalties should be increased species, and qualifications of Criminal Penalty.