Studies On Some Problems In The Bribery Crime

Crime of bribery includes crime of offering bribe and bribery crime. On the face of it, this type of crime will only cause destruction of the order of market economy and the honesty of state personnel. However, specific studies on every case of bribery show that this kind of exchange between money and power often leads to other more seriously and more widespreadly evil and harmful consequences: on one hand, crime of bribery cause collapse of people's trust in the Party and in the government from inner part of the system; on the other hand, all aspects of social life that the public power involves in may be severely damaged because of abuse of power by the bribee. To eliminate drawbacks of the systems, stabilize economic development and build a harmonious society is the inevitable response of the CPC and the Government of the People's Republic of China to the currently increasingly tense international situation. Seriously dealing with each bribe case and timely and accurately fighting this type of crime are inevitable requirements to stabilize the leadership position of the CPC and to guarantee the validity and order of the governmental administration. But, China's legal system remains to be perfected: on one hand, the provisions on crime of bribery set by legal provisions and relevant legislation and judicial interpretation can only cover a small part of criminal performance forms, not enough to response to newly-born modus operandi. On the other hand, imperfect criminal law theory falls into"gray evidence"based on which judicial practice puts too much emphasis on the politics, damaging the accuracy, even the impartiality that the criminal law should have. How to balance the two is an important issue that currently the construction of legal society needs to face and deal with.This paper starts from practical level, with a case of bribery handled by a local procuratorate, integrates the theory with practice, tries to restore the real situation when the crime conduct happened, strictly analyzes evidence materials, introduces relevant criminal theories and broadening thoughts and analyzes the case from aspects of genology, psychology and others, in order to from an ordinary bribe case develop open logos according with criminal spirit and judicial practice.The basic theories that this paper involves in include theory of criminal construction of crime of offering bribe, bribery crime and crime of abuse of authority, theory of implicated offender and theory of criminal accomplice, etc.This paper is divided into seven parts, which are summarized as follow: Give the case. The time limits of the case in Criminal Procedure Law of the People's Republic of China starts from the beginning of investigation to case transfer for examination before prosecution and the contents include identification proposals of case nature by investigation department during handling this case of bribery and problems about determination of relevant behaviors met when submit to the higher procuratorate for order to arrest.Controversial problems existing in this case. This part will analyze the basic contents of various differences of opinion actually occurring during handling this case and the causes: on one hand, clearly express relevant problems that this paper will state, on the other hand making a guiding description of the key points of the problems and of how to solve the problems.This part will identify Zhang's behaviors. Through descriptions of bribery crime by interpretations of criminal law and relevant judicial law, combining with Zhang's identity, role and behaviors and other aspects, determine his behaviors and come to the conclusion that Zhang's behaviors are consistent with constitutional items of bribery crime and should be regarded as committing bribery crime.This part is a continuation of the above content, continuing to determine Zhang's relevant behaviors. Through descriptions of crime of abuse of authority by interpretations of criminal law and relevant judicial law, combining with Zhang's identity, role and behaviors and other aspects, determine Zhang's behaviors and come to the conclusion that Zhang's behaviors are consistent with constitutional items of crime of abuse of authority and should be regarded as committing crime of abuse of authority.Analyze the relations between Zhang's behavior of accepting bribe and behavior of abuse of authority, introduce relevant legal theory of implicated offender and relevant judicial interpretations of PRC, determine that Zhang's accomplished behavior of achieving the purpose of accepting bribe through the means of abuse of authority shall be punished on charges of taking bribes, which determines that the act that County Prosecution Service indicts Zhang for accepting bribes accords with criminal judicial principles.This part will start from suggestions proposed by Chengdu Procuratorate Department of Arrest Approval, combine with relevant evidences the Department bases on, restore the scene when the crime was committed, from mental oppression degree, control degree that post and obligations have imposed on the industry and from other aspects analyze whether there is possibility that Zhang has accepted bribes. The conclusion is negative.Make description of the special form of jointly offering bribe in this case. Based on the theory that in crime of offering bribe bribers are required to have subjective intent to seek for profiteering, making explanations of contents of the profiteering according with criminal legislation spirits and integrating the subjective intents of the several bribers in this case with objective circumstances, the author comes to the conclusion that the behaviors of the several bribers in this case constitute crime of offering bribery.