Accepting Bribes Of Problems Of Legislation Is Perfect

Being A typical crime in profession practice, and a form of high-frequency corruption crimes, bribery has become more complicated and varied. The anti-bribery legislation in China, based on the practice of legislation in recent years, and the experiences of legislation practices in other countries, has progressed rapidly and is highly scientific. But as our views on legislation are ever broadening, the insufficiency in the current anti-bribery legislation is coming more and more apparent. As the current anti-bribery legislation is not completely coherent and reasonable, and as there are conflicts in different judicatory interpretations, there are cases in which bribery is not efficiently treated. In the academic field, there have also been varied opinions over the issues in anti-bribery legislation. This thesis, aiming to deepen the understanding of issues of anti-bribery legislation, and to determine the attitudes towards such issues, exams several complex issues in this discipline, and discusses on the crime of bribery, hence provides ideas on perfecting the anti-bribery legislation.First, the thesis induces the concept of bribery and the development of anti-bribery after the foundation of the PRC.Second, the thesis provides analysis and comments on the object of bribery and clarifies the nature of bribery.The third through fifth part of this thesis gives discussions on the objective issues, the subject and the principal and subjective aspect of bribery. As to the objective issues, the thesis analyzed the problem of "taking advantage of one's profession", illustrating that this is just an objective requirement with varied forms; the thesis also analyzed the problem of "seeking benefits for others", pointing out that this is not a required elements. Whether we consider "seeking benefits for others" as the objective elements or the subjective one, we cannot determine the commitment of bribery crime, which is also against the nature of the crime of bribery. The current criminal law should remove the idea of "seeking benefits for others" from the concept of the crime of bribery. Instead, it should take this as an element for considering the punishment. As to the principal party of the crime of bribery, this thesis points out that "work on duty" is the key factor in constituting the principal of the crime of bribery. Referring to the subjective aspect of bribery, this thesis analyzes the trespass in bribery being direct intent only in stead of indirect intent.Part six discusses the conspiracy of crimes of bribery, providing clear answers towhether employees of the government offices can constitute conspiracy of crimes of bribery, and providing detailed comments on the specific situation of non-government employees constituting conspiracy in such crimes.Part 7 discusses the problem of mediate bribery and analyzes the particularity of such practice, concluding that act of mediate bribery must have composing elements before it constitutes a crime. This part also points out that mediate bribery should be convicted independently.Part 8 gives suggestions on perfecting the anti-bribery legislation through a comprehensive discussion on the current criminal law, pointing out that there are still deficiencies in the provisions of bribery, which should be amended in legislation.Issues in judicatory practice should be directed by judicatory theories, and should be guided by the perfection of legislation. This thesis analyzes the applicability issues in anti-bribery laws, and provides the opinions of the author.