Research On The Crime Number Of Bribery Malfeasance

The malfeasance of bribery is a type of malfeasance crime for taking bribes. In recent years, the malfeasance of bribery is increasing. Through the tracking this kind of case prosecution and judgment situation, we find some courts sent the malfeasance of bribery to two crimes and some courts make involvement from a heavy penalty made. About a combined punishment or several crimes, there have different theoretical point of view. The different understanding of the theory and differences different treatment of the practice caused the current such cases in the present situation of punishment. How to correct the malfeasance of bribery has become an urgent problem to be solved. Combining with the judicial in the practice of the real problems and the legal principle of type of bribery, I will give the publish principle of such cases based on the analysis of the malfeasance of bribery, in order to benefit to judicial practice.From investigating the malfeasance of bribery cases of Anhui province procuratorial in recent years, such cases presented the proportion two of the judgment about the malfeasance of bribery was low, the judgment about the malfeasance of bribery of negligence and fault type was different, the two judgment of the malfeasance of bribery most because "one to majority". Combined with the prosecution and the judgment, I can analysis the main cause of different punishment is contradiction of the legal basis and the conflicts between the judicial practice.There is own reason of the malfeasance of bribery that common and mutual connection between two kind of crime. The two behaviors are implementation of the powers beyond their position and are unfair to perform duties and are in violation of their duties, and are unhonest to their duty. From legal perspective, judging the number problem of the malfeasance of bribery is solving the problem behavior plurality, it has the important meaning to the number of the malfeasance of bribery. There are different views and opinions about the number of the malfeasance of bribery. For example, there are involvement in crime, competition in law, competition in imagine and combined punishment for several crimes. The author agrees with combined punishment for several crimes point of view.Through analysing the legal nature of problems of the number of the malfeasance of bribery, it is evidence that it is not competition in law or competition in imagine. However, whether involvement in crime or combined punishment for several crime, the author thinks that we must consider intention of the malfeasance of bribery. The intention of the malfeasance of bribery is involvement in crime and the fault of the malfeasance of bribery can only be combined punishment.With the Chinese present legislation, it proposes to abolish the "Criminal Law" Article 399, paragraph 4, around the special malfeasance and restructure the favoritism punishment system and perfect the malfeasance punishment system and raised other corresponding legislative proposals.