A Study On Some Legal Problems Of Bribery Crime

Owing to the ultimate goal of effect a radical cure of bribery crime and the actual requirement of maintaining social stability、prolonged stability and social harmony, this paper will start with relevant provisions in current laws and the related theory, and explain the prominent problem in the process of punishing bribery crime by using legal interpretation practice. Based on that, the author put forward his own opinion and suggestions. This thesis is divided into five parts:The first part focuses on determining the nature of the core content of bribery crime——“illegitimate benefits”, and summarizing the manifestation of bribery crime which has shown in society by redefining the conception of “illegitimate benefits”. The author will first subdivided and analyze the legal provision and judicial explanation of bribery crime, and point out that there still exists many inadequacies in how to define bribery crime logically. And it concrete manifestation of determining the nature of “seeking illegitimate benefits” and “illegitimate benefits” is too general, therefore it is difficult to provide accurate and effective legal counsel for punishing emerging bribery crime.The second part focuses on the difficulties in concept definition of the unit judicial determination offering bribes. In this part, the author will discuss the relationship between the imbalance of legislation system for the unit crime of offering bribes and juridical practice, and point out that the congenital deficiency of the theoretical basis of the unit crime of offering bribes are still exist, the judicial application of the unit crime of offering bribes is enslaved to it, the wrong judicial value orientation will lead to the unit crime of offering bribes exist in namely only. On account of the closed relationship between the unit crime of offering bribes and offering or accepting bribes, the author will try to use relevant evidence in the system of bribery and the key component of bribery, and emphasize the necessity of the unit crime of offering bribes.The third part discusses the abortive bribery crime, it discuss about the issue whether there exist the abortive crime, and introduce several forms of the abortive bribery crime and its identification, then indicate that making affirmative evaluation to unaccomplished forms of bribery is in favor of juridical practice.The forth part evaluate and analyze of the bribery crime, it show clearly that even advances has been made in sentencing standard of bribery crime, it still has some demerits.The fifth part makes the suggestion of punishing bribery crime perfect. Application of pecuniary penalty in the bribery crime, and complete the legislative standard of conviction and sentencing of the bribery crime. On the basis of definitude and mechanism of legislation of the bribery crime, further put forward author’s suggestions to the legislation. These suggestions are in harmony with the sections of this paper, it constitute together as an integrated organic unity.