A Number Of Issues. The Crime Of Bribery Study

Offering bribes is a great harmful crime; it directly infringes on the building of an honest and clean government; endangers the environment of the Social justice and with the rapid development of the economic, and it has become stronger and stronger. This paper focus on the core of the offering bribes; it divides into four parts to do the research and analysis, which not only gives a brief introduction to the academic insight into the issue, but also puts forward constructive views and suggestions to the issue of academic and judicial practice.The first part conducted the thorough research on the element "to figure for the improper benefit" of offering bribes. One of the difficulties encountered in the judicial practice is to determine the nature of "illegitimate interests" .The thesis firstly analyses the legislation evolution of "illegitimate interests", recognizes the element "to figure for the improper benefit" as the necessary element of offering bribes, and then defines the "illegitimate interests" academically, and explores its plight in the judicial practice and how to recognize it.The second part conducts in-depth analysis of the behavior patterns between "sensation investment" offering bribes and from two completely different natures, infect, "sensation investment" is a kind of covert offering bribes of "long-time investment", while Civil bestowal is the normal human communication. It mainly analyses the sameness and difference between the "sensation investment" offering bribes and civil bestowal, and puts forward four standards of how to identify them in the judicial practice.The third part explores the interactive relationship between offering bribes and related crimes, namely, the dispute between offering bribes and taking bribes, offering bribes and unit's bribes, attaches more attention to the discussion toward the interactive relationship of taking bribe and offering bribe, puts independent personal views on the crime of bribery. The thesis introduces the controversy between taking bribes and offering bribes, analyses different views, and gives the individual's own opinion, that is, concerning the interactive relationship between the two, we should adhere to the one-way instead of two-way, interactive relationship from three aspects of the demonstration. In addition, it discusses the difference between offering bribes and unit's bribes and the problem should be paid attention to in the justice practice. Particularly analyses the main body character of the private enterprise, personally accommodates alongside the risk management, contract enterprise etc.The fourth Part discusses the issue of improving the legislation of offering bribes. Firstly, this thesis analyzes the problems to punish the crime of offering bribes, gives a more detailed list of the nine major areas which bears crime of bribery constantly, and analyzes the three major problems existing in the reorganization of offering bribes: "action is difficult to found ", " evidence is hard to gather" and "normal practice of public relations is difficult to distinguish from long-term bribery", and next proposes three measures to prevent the crime of bribery, especially the bribery legislation ,namely : increase the objective acts of bribery, expand the scope of the offering bribes things, amend the elements of the crime of bribery "improper benefit". Finally, proposes four measures to punish the offering bribes.The fifth Part is the tag, making a sum-up to the whole thesis.