On The Legal Interest Of Bribery Crime

Bribery as a typical job-related crime, has always been the hot spot and focus in the criminal legislation and criminal law theory of many nations. In China, with the sustained and rapid economic development, bribery has more complex behaviors, the greater amount of crime, and the worse social impacts. This problem seriously affects the image of the national staff in the eyes of the people, greatly weakens the authority and credibility of the country and the government. To improve this situation, since the18 th National Congress of the Communist Party of China, anti-corruption system has further implemented, and the crackdown on the bribery crime has been strengthened.This paper attempts to study and analyze the legal interests of bribery to have a better understanding of bribery, so as to provide theoretical support for current punishment of bribery. This paper is divided into four parts:In the first chapter, firstly this paper describes the background of the topic, and analyzes the formation and development of the theory that the Infraction the Legal Interests. Secondly, it mainly introduces the domestic and foreign research status of bribery’s legal interests. In the end, it shows the innovations, difficulties, research methods and ideas of this article.In the second chapter, from a historical perspective, this paper mainly reviews the history of bribery’s legal interests in Germany, Japan and China, so as to sort out the development venation of bribery’s legal interests. At the same time, by choosing some representative and influential theories of bribery’s legal interests to analyze, this paper tries to excavate the reasonable place, and realize the disadvantages of different points of view, so as to clarify the essential characteristics of the crime of bribery.In the third chapter, this paper from various angles analyzes the science and rationality of the theory: the duty acts can’t be bribed, and draw a conclusion about bribery’s legal interests in our current theories and practices.In the fourth chapter, the theory that the duty acts can’t be bribed as a guide to solve some key problems, in the crime constitution of bribery crime, this paper focus on whether the crime constitution as a precondition that seek interests for others,whether the crime constitution has the time requirement on the intention of bribery,and the application of taking advantages of the position. On the crime cognizance of bribery crime, this paper focuses on the preparatory, the attempt, accomplishment andthe discontinuation, so we will have a good knowing on the crime cognizance of bribery crime. On the special types of bribery crime, based on the current hot issues,this paper analyzes three issues: the membership card, honor and sexual bribery, so as to provide some reference and help for judicial practices.