The Analysis Of New Features Of Bribery

In recent years, with the further development of China's social economy, the crime of bribery takes on some new features. The form of bribery is more diverse and the way is more covert. Judicial authority comes across some difficulties when combating bribery in the new era. The essay analyzes new features of bribery and puts forward criminal countermeasures in the implementation of the criminal policy of tempering justice with mercy. The essay includes three parts: the introduction, the body and references.Part One: introduction. This part mainly illustrates the background and purpose, methods and review of the research. The author had the opportunity of participating in the case-solving of anti-corruption with the help of the procuratorial organ of Songxi County, Fujian Province. The author collected some data by interviewing and collecting archives. This part also lists some controversial ideas about the constitution of bribery and aims to let readers learn about the controversy about the theory of bribery criminal law. We will further innovating the system of fighting corruption and building a clean government and building a scientific system of anti-corruption on the basis of the perfect theory, studying new situations, solving new problems and summarizing new experience.Part Two: introduction of the crime of bribery. This part explains the development of legislation on bribery and the author's view on the constitution of bribery. In the author's opinion, the constitution of bribery under present legislative system should be that the subject of crime is the state functionary, the actor has the willful crime to accept bribe and abuses his power to make profits for others. The crime of corruption should be extended to be all illegitimate profits.Part Three: analysis of new features of bribery in new era. This part concludes new features of bribery, that is, the increase of multinational commercial bribery, the complication of relative accomplice and the covertness of bribery. Concerning other features, such as the increase in number of bribery, are real problem in social life; however, it is not directly connected with the countermeasures of the criminal law. As a result, it is not listed within.As one part of above, Including analysis of new problems of bribery. This part analyzes the criminal law and judicial countermeasures based on new features and problems of bribery in new era. It includes analysis of legislation of multinational commercial, judicial assistance, complication of relative accomplice, standard of prosecution and bribery by presenting gifts.Part Five: the criminal policy of tempering justice with mercy. In view of"lightening penalty"of bribery, this part analyzes its reason and combines with the criminal policy of tempering justice with mercy and puts forward a standard that the treatment of bribery should take facts as the basis and the law as the criterion。...