On The Scope Of Bribery

As one of crimes of dereliction of duty,the crime of bribery seriously infringes the interests of citizens and endangers social stability.In recent years,China is increasing anti-corruption strength and the number of bribery cases have also become more numerous,such new situations and problems have emerged as the diversification of criminal form. With the continuous improvement of the comprehensive national strength.many new ways of bribery are emerging,which have developed from the initial ways of giving money,goods to the ways of providing travels aboard.co-investing companies,having sexual intercourse and emotional relations etc. As a result,the bribery scope of traditional theory of property is too narrow to cover those new ways.Therefore,this paper studies the development of domestic bribery scope and current legislative status against corruption of foreign countries and relevant international organizations with the method of literature review,comparative analysis and investigations. Thro ugh analyzing three kinds of theory dispute intensively,this thesis makes some recommendations foe improvement of the problem that the bribery scope is too narrow.This thesis divided into four parts.The legislation of bribery scope of foreign countries are studies,summarized and commented in the first part.The first part mainly describes the legislation present situation and issues of bribery crime.Firstly,the general situation of legislation of bribery crime in ancient China is investigated.that the scope of bribery crime in criminal law definition for property is influenced by ancient legislation.Then study the present situation of the scope of bribery legislation after the founding of The People’s Republic of China.Finally,states the reason why sexual bribery and other property interests need to written into law.The second part to define the scope of bribery from different angles.This part firstly discuss the theory of the scope of bribery in our country.There are three mainly theories,they are property,property interest and non-property interest,each theory has it’s own scope.Then explain the meaning of bribery from the perspective of linguistics.At last,combining with the real life phenomenon.discusses the scope of bribery in real life,and find out the difference between the scope of bribery in criminal law in our country and the scope of bribery in real life.Thirdly.the bribery scope of civil law and common law are studied,summarized and teased out.Then the regulation of bribery crimes in the United Nations Convention is examined.and the reason why it covers so many ways of bribery is analyzed.Finally,the statutory provisions two legal systems are compared,and the suggestions for improvement of China’s legislation status are pointed out.The last part discusses the necessity of expanding the bribery scope from the angel of the nature of bribery crime,the social facts of China,the international conventions that China has parted to,the legalization trends of foreign countries and the view point that laws should be timely adjust.From doing this,it draws the conclusion that the bribery scope should be expanded in a suitable way.In addition,it compares and explains the current several methods of expanding the bribery scope,and fond the best way is changing the "property" in provisions of criminal law to "bribery".At the same time,enumerating the bribery scope in detail with legislative or judicial interpretation to ensure the implementation of criminal law.