Yong Bribery Crime Research

The problem of giving or receiving bribes is a hot spot problem paid close attention to by law circle both at home and abroad. The study of this problem in academic circles,especially in domestic law circle,however,remains at the level of studying the general constitutive elements of crime,including the subject of crime,the object of crime,the subjective elements of crime and the objective elements of crime. Though the law circle so far has begun concerning new problems arisen from society,for example,receiving interests bribes,receiving sex bribes,the study always return to the position of the theory of the constitution of crime. Through analyzing the facts and the point in dispute of a receiving bribes case of a judge,this article theoretically studies the problems in criminal law and criminal judicial practice,including the flaws in the criminal legislation,the admissibility of criminal evidences,the subjective judgement of a judge frustrating the Criminal Law principles and the value election of different courts in criminal judicial practice reflected from the adjudicate process and gives theoretical and legislative suggestion to resolve these problems.