Concerning Mediation Bribery Crime

Our country criminal law the 388 regulation is the mediators theory research of bribes crime, "according to grasp the different understanding and practice. In the objective aspects of the criminal law for mediation,97 stipulates the two necessary bribes by himself:"elements formed powers or position convenient conditions" and "for QingTuoRen seek illegitimate interests". Before the court on a condition, through judicial interpretation on the use and convenient conditions meaning a preliminary explanation, But due to accept QingTuo, receiving theory of the actor and the specific property QingTuo matters by duty behavior work of the relationship between the national staff qualitative is differ, lead to the judicial practice more complex situation to meet to distinguish qualitative. Typical such as restricting speaking and negative restrict said. The two theories are not fully comply with. As to the amendment of criminal law (7) "enacted, the criminal law should also use bribes crime" mediate powers or status of my formed convenient conditions "this one condition should be cut. "Seek illegitimate interests" as a significant elements, improve the mediation of corruption into sin threshold,Although the judicial organs from procedure and content were understand reading, but still not easily grasp, and with the ordinary bribery difference objectively bribery crimes legislation has caused negative influence of the poor, blow shall be cancelled. In the seventh amendment, criminal law subject about state functionaries near relatives closely and quit as state personnel regulation has broken the provisions of the criminal law before the judicial practice, absorbing new mediation bribery case, increasing the scope of subject, mediate bribery is accord with and conform to the historical trend of probity. Finally, Mediation in the current criminal corruption in the legal system has yet to be defined as criminal, Theorists have negative mediation bribery crime independently point, still think should press taking bribes to identify and manage; But more and more scholars include the author thinks, mediation with ordinary bribery bribes crime objective aspect completely different.The latter charges not accurate generalization and inclusive former characteristics, In criminal law on mediation bribery has been designed on the basis of the provisions, we should further rules for "mediation bribery charges determined," In order to bribe crime system, strengthen the harmony of manipulative judicial practice.