The Crime Of Bribery Study

This article first to analyse and summarize the definition and variety of offering bribes, investigate the legislative overview to offering bribes at all times and in all lands, in order to hold offering bribes on the whole. Then, regard requisites to constitution of crime as the breakthrough point, give the discussion and suggestion in legislative slip of current offering bribes. Concentrate on the following two points mainly: 1, Ordinary offering bribes shall not take "for the purpose of securing illegitimate benefits" as requisites to essential purpose of constitution of crime, yet shall be considered as the plot of the measurement of penalty. The key to define the illegitimate benefits of offering bribes correctly lies in solving the matter that the nature of uncertain benefits and what they belong to. No matter watching from the dialectical relation of the purpose and means, watching from legislative original meaning or practical demand, so-called uncertain benefits that secured by means of offering bribes shall belong to category of illegitimate benefits. 2, The content of offering bribes shall not be confined to "money or property" range, shall also include the property benefits which can be shifted and occupied. But it is not suitable for bringing "non-property benefits" to the content of offering bribes.The subject of offering bribes belongs to the natural person. It shall be strictly distinguished with that of the unit offering bribes. At the same time, shall draw a clear demarcation lines between economic offering bribes and ordinary offering bribes.This article also carry on the discussion with the criminal form of offering bribes, the relation among offering bribes, accepting bribes and introducing bribes.While sentencing offering bribes, shall confirm different legal punishment according to distinctive circumstances of offering bribes. Must insist the principle of lenient punishment, in order to disintegrate the trusting relationship between the corruptionists, make judicial organs try their best to discover, investigate and handle facts of bribery soon as possible.