On Bribery And Legistalire Perfect

Lots of valuable exploration in bribery crime has been conducted theoretically and practically in criminal theory and judicial practice. But theoretical consensus and practical standards are still in great need on some key issues concerning bribery crime, hitherto. The deficiency in legislation and the big gap between existing law and reality often make judicial officials in dilemma. Thus some negative effects arise due to divergences in the enforcement of law. In the perspective of combination theory and practice, with some judicial interpretation and practice for reference, this paper gives a scientific elaboration on the conviction of bribery crime in criminal law, trying exploring the deficiency in the legislation concerning bribery crime in China. It also offers some original suggestions on these issues with the expectation to be useful for the improvement of criminal judicial work and legislation concerning bribery crime in China.This paper includes six sections. The first section expounds the evolution process of bribery crime in China and the current characteristics. First, the author briefly introduces the evolution process of bribery crime in China since the liberation in 1949 and concludes its characteristics prescribed in the existing criminal law. Then the author explores its current characteristics in reality and points out that the relevant provisions stipulated in the existing criminal law have fallen behind the current situation and new legislation is in great need.The second section discusses the subjective aspects of bribery crime. First, the author probes the definition of "improper interest", then, he advocates the subjective requirements for cracking down crime of seeking improper interestThe third section discusses the objective aspects of bribery crime, it is divided into four subsections. The first subsection explores the defining of the scope of "bribe" in the crime, focusing on the identification of the specific property in the crime and the necessity of including non-property interest in it The second subsection explores the distinction between bribery and civil gifts. The first subsection explores the definition of sexual bribery. The last subsection explores the distinction between conviction of the transfer from collective bribery to individual bribery.