Common Crime Of Bribery Of A Number Of Issues

Joint crime of bribery shows obvious characteristics of present bribery crime. It has more complexities and social bane than committing bribery crime alone. This kind of joint crime has its own characteristics besides the common character of joint crime, which makes it more challenge in the judicatory practice and theories research. For strictly punish this bad phenomenon, better prevent and punish corruption and reinforce the honest and clean government construction, researching joint bribery crime carefully not only has very important theory meaning, but also has important judicatory practice significance.This article discusses some dispute questions of joint crime of bribery in theory area, and uses some maturely and influential viewpoints to prove the legal basis and the theory basis that affirmed by joint crime of bribery, and then take some beneficial discussions on certain level. This article first discusses the question about the definition of official staffs and unofficial staffs commit bribe crime together. Joint crime of bribery concerns the theories about joint crime and identity crime. The writer emphasized the identity problem of the unofficial staffs, and further demonstrated that unofficial staffs can comprise the joint offender of the bribery crime. For the definition problems about official staffs commit bribery crime with company and enterprises staffs together, this article dialectics analyzed some reference viewpoints and propose its own opinion on this question. Then, it defined some different behaviors expressed by official staffs and unofficial staffs who joint crime of bribery. Secondly, according to its characteristics of family joint crime of bribery, this article discussed the subjective aspect about this kind of crime on the basis of absorbing and inducing various kinds of theories. It analyzed the different objective behavior about this kind of crime under the prior condition of official staffs commit crime with family members had no collusion in advance. Thirdly, for the reference question about unit joint crime of bribery, this article had first affirmed the unit could become the main body of the common crime, then defined and analyzed about more than two units joint bribery crime and one unit with the natural person committed bribery crime together. Finally, it discussed the criminal quantity and punishment principle about joint crime of bribery.Many scholars have made the penetrating elaboration of these questions about joint crime of bribery. This article tries to induce every viewpoint to discuss and analyze the construction and judicatory determination of joint crime of bribery, and propose personal opinion on the improvement of lawmaking about this kind of crime. The writer hopes she can do something beneficial to the judicial perfection.