Units Of Bribery Of A Number Of Issues To Study

Unit Offering Bribe Crime( Hereinafter referred to as UOBC) is a new type crime appearing in the development of socialist market economy. UOBCs appearance helps spreading corruption such as graft, bribe and etc. in the society nowadays, harms the image and reputation of state department and public officers, so such crime's harmness to the society is serious. However, when judging and handling these UOBCs in practice, there are many problems difficult to deal with such as, how to define the subject of UOBC, how to difine undue interests, how to penalize the joint action in UOBC and so on. To study and probe these problems has it meaning in indicting and penalize UOBC correctly, timely and legally, as well as in preventing this crime.I. On defining the subject of UOBC. Though Supreme People's Court enacted "explanation on some problems in implementing the laws to hear the case of Unit Crime" which stipulates the subject includes company, enterprise, public organ, department, organization, this paper combining the practice provides with its viewpoint that state department can not be the subject of UOBC because its power and function is special. An internal body of an organ as well as partnership can be the subject.When handling the case of private enerprise without legal personality, one-person-invested enterprise, unit conducting business in the form of contracting or relying, whether these unis can be the subject of UOBC shall be judged case by case.II.How to define undue interest. This is a controversial question in theory and also a hard problem in indicting offering bribe crime. This pater starts its reasoning from studying the cretia to define undue interests. Through its carefly discussion on the relationship between figuring for undue interests and forming crime, to define undue interests correctly. Meanwhile, this paper believe that UOBC in the form of brokage during the tranction doesn't need the subjective intention to figure for undue interests.III. On the problem of joint action in UOBC. This paper distinct pure UOBC and unpure UOBC, analyze their nature seperately, and distinct principal and accessory to reach the purpose to judge their criminal liability correctly.IV. Considering the legislative defects in the stipulation of Offering Bribe Brime in our current Criminal Law, this paper provide with some legislative suggestion such as, to delete the legislation on undue interests, to cancel the regulation of transfering to offering bribe when the income from Unit Offering Bribe is owned by individual, to enhance the standad to constitute UOBC, to strengthen its punishment, to regard UOBC as the opposing brime of the accepting crime, to add a regulation that commulative offering bribe also form UOBC, and etc. These suggestion not only make legislation on UOBC meet the requirement of the principle of "Nullum crimen sine lege, Nulla poena sine lege", but also express the determination and confidence of the state to punish this crime.