Research On Several Problems Of Emerging Bribery Crime

The crime of bribery as a main type of crime of duty crime, a basic form is present corruption, erode state body, harm government public letter, trample on social justice, damage the public interest. With the deepening of China’s economic and social development, the reform of political system, means and forms of bribery crime also presents the diversification. Although in essence, the crime of bribery itself does not change, however, to implement the specific facts of the case, showing a bribery practices more cunning, concealed, and some even with the protection of color, put on "legal" coat, but the traditional for bribes in the naked "trading power for money" the external performance has weakened, and gradually reduce the proportion of cases of bribery in a row. So, it is necessary in the new historical conditions, fully understand the essential features of the crime of accepting bribes, bribery is to seize the essence of various external manifestations, to solve the problems of identification of new bribery crime judicial, with more powerful against such crimes.In addition to the introduction and conclusion, all passage has three parts:Part one is the concept and characteristics of the new bribery crime. This part includes the following three aspects: the starting one, from a practical point of view, summarize the specific performance at present a variety of new bribery crime, summarizes the concept, new bribery crime in fact, emerging crime of bribery itself should not be understood as a legal concept, it should be in a specific historical period, the general statement with some specific forms of the crime of accepting bribes. The so-called new, is only one phase of the concept, new thing after the development, evolution, can be converted into traditional things. Accordingly, the author thinks: the crime of bribery is emerging in the specific historical period, different from the traditional theory of the crime of accepting bribes forms, with all kinds of bribery sum the essential feature of crime; second, the emerging of bribery crime and bribery crime from the crime of traditional essence of comparative analysis, the relationship between the definition of the two party, the emerging the crime of bribery is unified in essence between the bribery crime and traditional crime of bribery is emerging, the crime of accepting bribes. Bribery crime and bribery crime emerging traditional boundaries not be quite distinct from each other, the reason why today we call new bribery crime, because it is in the current period, with a special form of traditional bribery crime have not; thirdly, by analyzing the various kinds of new bribery crime analysis, put forward the new bribery crime hidden features, long-term, group, options.Part two is the manifestation of new bribery crime. This part is the core part of this article, through a variety of external representation on the emerging of the crime of bribery in summarize, puts forward eleven kinds of forms, namely: the new bribery crime of transactional bribery, performance shares bribery, bribery, investment trust management model of bribery, bribery, gambling "nominal" salary type bribery, bribery, the actual occupation of new specific relation person bribery, bribery, refund, hand option bribery, other forms of.Part three is the judicial determination of a variety of new bribery crime. This part includes the following four aspects: the definition of crime and non-crime, the crime of bribery in an emerging new bribery crime, because of its own characteristics, decided in the process identified in this kind of crime, with special attention to correctly distinguish between the boundaries with the same or similar characteristics of the behavior of crime and non-crime; second, the emerging of bribery crime, the diversity of its manifestations, means, decided to focus on defining the grasp of this crime in the process of the correct understanding of the emerging of the crime of accepting bribes crime; third, in the process of understanding the emerging of the crime of accepting bribes, should pay attention to identify the various emerging crime of bribery accomplice pattern; fourth, because of the particularity of the emergent behavior of bribery crime means the probability of the purpose and behavior, law, therefore, in the bribery in the process, there may exist in the object and the involvement of other protected by the criminal law of the situation, so in the recognition of the crime of bribery in the emerging process, attention should be paid to the identification of new bribery crime number shape.