| The bribery is one kind of typical duty crime, and is one of many argument crimes in the criminal law theorists and the judicial practice, but until now still had many differences to bribery crime objective important document aspect some questions. Bribery crime objective important document namely constitution important document, include criminal object and crime objective aspect. What being the bribery crime infringement, is one question in overseas. Here are many kinds of viewpoints and opinions. But legislation from the present criminal activity looked that, the protective method profit of the bribery crime is generally the nature of not bribery of the duty behavior, simultaneously considering the duty behavior naive. Our country criminal law session summarizes about the bribery crime infringement object have the sole object to say, the complex object to say, the selective object to say and the organization object to say four viewpoints. Some theories interior also have several different opinions. Through to the each existing kind of bribery crime object theory and the viewpoint profound evaluation, the bribery crime infringement object namely neither the complex object nor the selective object and should be the sole object.The bribery crime is the direct object, but is not the general object or the similar object. The country staff duty not bribery localized for the bribery crime object, namely can express and reflect the substantive characteristic of the bribery crime clearly, also can summarize the general characteristic of each kind bribe behavior comprehensively. In the world, many national and local criminal law adopt the generalized legislation Patten; which stipulate the bribery crime object the belongings, the property benefit and the non-property benefit. But our criminal law always stipulate it the belongings. Here are the belongings to say, the material interest to say and the benefit to say three viewpoints in the criminal law world. Looking from the perfect criminal legislation, our country future criminal legislation should make the response to the massive property benefit and the non-property benefit bribe country staffs in real life, expand the bribery scope for the belongings, the property benefit and the non-propertybenefit.The criminal law stipulating "using duty convenience", is the bribery crime important constitutive document. But the law stipulation belongs to the general stipulation, should understand for using the authority convenience of his duty scope, including using the direct right in his duty scope and other people's right, who has the official script or the restriction relations with. "This duty" should not include the past duty but the future duty. "Using the convenient condition which myself duty or the status form" is using the influence relations, that the author to the third party having the non-subordination, the restriction. It should not be contained in "using duty convenience". Looking from the present legislation that, seeking the benefit for the other people" is the bribery constitution important document.There are the objective important document to say, the subjective important document to say and the objective important document unite the subjective important document to say three viewpoints in the criminal law. But each viewpoint conceals the contradiction which is unable to solve by itself. It's hard to overcome its own flaw. Therefore only restructure bribery crime law design, cancels the necessary important document "seeking the benefit for other people" in the bribery crime constitution, takes it for the plot of measurement of penalty. Thus,not only like this conforms to the bribery crime substantive characteristic, but also solves many puzzled and trouble questions in the theory and the practice. Complied with the international society mainstream tendency of the bribery crime legislation, satisfies the objective request of judicial practice which are proposed to the bribery crime criminal activity legislation consummation. |
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