Study On The Object Of Committing Bribery

As a typical crime, bribery is still in transition period of high susceptibility, and it emerged many new means at this stage of the economy, but China's current criminal law on bribery object exists limitations, this caused lack of basis for punishment in judicial practice of bribery in the judiciary, and brought a bad influence. This article begins with the relevant theory of object and re-defines the target of a crime purposely, in order to make further improvement of legislation. This article begins with the theory and the interests which the judicial practice of taking bribes in China's legal are protected. By using horizontal comparison analysis, this article finds out the inadequacies of the object of criminal bribery, points out the reasons and shortcomings and in the end put forward specific recommendations on legislation in order to expand the scope of the object to adapt to China's current social needs and international trends, to better combat and prevent bribery crime.Clearly the scope of bribery crime objects, the frist to define the meaning of obje ct of crime. I believe that the target of crime not only include specific people things ,but also should include abstract objects. Through criminal relationship between the object and the object of crime, clarify the object of the crime of bribery, according to the theory of abstract things bribery violations criminal object, the same subject to criminal sanctions.For the crime of bribery legislation,the object of existing defects, the author of the crime of bribery object on the scope of the doctrine are assessment, had criminal relationship between the object and the object of crime. The first part is about the comments of on the scope of the object of bribery crime. There are three main theories:material interests theory, the interests theory and the material theory. Based on the theoretical, I analysis the interests theory and adopt it. Secondly, on the basis of the views, I demonstrate the legislative defect on the object of bribery. The object of the crime of bribery can not adapt to the changing criminal means, and also exist a serious lag, this lead to a bad social impact, and is not conducive to our in-depth work against corruption, so this is also not in accordance with the convention we participated in and the section law, and is not conducive to the coordinated implementation of the law and obligations.Extraterrtorial legislation on the content of the object crime of accepting bribes have more detailed provision. Through horizontal comparative analysis, I pointed out the shortage of the object of bribery crime in legislation, and elaborate the significance of the views of foreign to our legislation.Bribery as crime of trading, the current object on the criminal provisions of bribery can not meet the practial needs. The object of criminal bribery Legislation specific proposals. The fourth part is about Legislative proposals of the object of the crime. The object crime of bribery "property" described as "interest", clearing confrimation of interest standards, the feasibility of enforcement, sexual bribery conviction and sentencing issues and articles to re-set.