On Crime Of Bribery Crime And Punishment

Conviction and penalty are the two eternal topics in the theoretical research and the judicial practice of bribery. Only when accurate, scientific, reasonable conviction and penalty is accomplished can the goal of penalty be reached— to punish the crimes accordingly, to prevent the crimes effectively and to protect the maximum legal rights. The theorists and law-practicing experts in China have published numerous theses on bribery in various kinds of magazines and journals, among which certain beneficial discussions and careful research are achieved, but many aspects of traditional theories face new challenges and become increasingly unsuitable for the need of fighting corruption, as the change of the times and the deepening of reform on the law system quickens. In view of this, this article, with a new perspective, has carried out the careful analysis and research on a few problems of conviction and penalty of bribery, about which some theoretical viewpoints and legislation suggestions are proposed.The thesis consists of three parts:The first part starts with criminal legislations on bribery since the foundation of new China. In this part, a brief comparison to legislations of bribery among different legal systems is made, and an analysis on its development and new characteristics is reached in light of the current situation of anti-corruption fight.The second part mainly reexamines the constitution of crime of bribery: the object, the subject and the scope of bribe. In the aspect of the object, the author looks from the perspective of "the theory of legal interest" over the flaw of traditional theories on the object of bribery crime, and advocates expressing it as "the inexchangeability of the public servants dutiful behavior", so as to indicate the essence of the crime and make it in conformity with the requirements of the "direct object" being more visualizability , which is advantageous for judicial practice of recognition and explanation. In the aspect of the subject, the author breaks through...