The Research On The Difficult Problems Of The Bribery Crime

The punishment and prevention of national staff bribery crime, is the current Chinese society all circles pays close attention to most major problem. At this stage, the crime of bribery crime means presents diversification, new forms of the crime, complex trend. From the criminal law theory and judicial practice, the bribery crime in the scope of bribery, the crime of accepting bribes, bribery and malfeasance crime patterns and some doubtful points, difficult problem has become the focus of scholars. In this paper, through the analysis of the advantages and disadvantages of various perspectives, comparison and rationality, system demonstrates its theoretical basis and legal basis, and strive to find a solution to the problem of reasonable ways for judicial practice, can play a certain reference role, thus promoting the legislation of the bribery crime constantly revised and improved, finally effectively punish and prevent the crime of bribery purposes.First, the scope of bribery influences directly the bribery was established as well as criminal punishment scope and strength. In effect, the property interests in some degree equivalent to the property; in theory, all the property interests and non-property interests all can be used as the tool of bribery. Combined with the judicial practice in China, through the analysis of the advantages and disadvantages of demonstration parties point of view, the author thinks that bribery is not only refers to the property, but also includes other property interests, the main reasons are as follows: (1) In the judicial practice, the crime of bribery is no longer limited to property transactions, property interests in fact has become a main form of bribery.(2) The property interests can be directly in terms of money, does not affect the bribery conviction and sentencing.(3) The property interest should be included in the scope of bribery, is conducive to strengthening the punishment and Prevention of bribery crimes.(4) The relevant laws and regulations of China on the property interests into the scope of bribery undertook active attempt. (5) The bribe to expand the scope of property interests, in line with international practice.Secondly, the common bribery crime has become the norm in bribery crime. According to the general theory of common crime, bribery crime refers to the national staff and others, collusion, to the common bribery for the purpose, use of state functionary convenience property from others, or illegally accepts others'property, for the benefit of others, and in severe cases a special form of crime. The crime of accepting bribes are common bribery crime, joint crime of bribery the abettor, help make three types of common bribery. In the judicial practice, a large number of common bribery crime is the national staff and family, as well as the" special relationship" mistress of division of labor and cooperation together to complete the. Non-governmental Staff Bribery Crime accomplice must possess the following three conditions:(1) The subject of crime must be more than two people, including at least one must be a national staff. (2) The subjective must have bribery common intention. (3) The objective behavior of people with a common bribery.Third, taking bribes and dereliction of duty crime number that is always a difficult problem in judicial practice. Taking bribes and dereliction of duty shall be identified as crime:(1) Taking bribes and dereliction of duty belong to two completely different crime, the constitution has obvious independence, completely absent of concurrence, implicated, repeat, cross, including law, taking bribes and dereliction of duty shall be deemed as the number of crimes. (2) Play favouritism and commit irregularities such crimes of dereliction of duty in" favouritism", according to the relevant provisions of the criminal law, refers to the act of a subjective motive of crime, does not require the motive of crime must be objective expression is a kind of favoritism, for" favouritism" and crime in criminal law should be independent evaluation. (3) The crime of accepting bribes and dereliction of duty crime is a very serious nature of the crime, violations of state functionaries of state organs cannot be bought and the normal work order, only for taking bribes and dereliction of duty combined punishment for several crimes, in order to achieve the balance between crime and punishment.