The Law Of Coincide In Bribery Crime

Bribery is state functionaries of the crime. It is the essence of the key or enterprisers deal ", namely state personnel engaged in public power, using his power to seek for the briber within the scope of his authority or related self-interest, in exchange for briber provide substance.Taking bribes in general be credited to the class charges, malfeasance because of this, the criminal law in the setting of sin in part "malfeasance" chapter, together with other state functionaries in malpractice crime. In 1997, the revision of criminal law is a new pattern of breaking it, discussed "provisions" embezzlement. The essence of bribery is "process", namely state personnel engaged in public power, using the benefit for the briber, in exchange for the property provided briber. Here, a bribery crime may also conforms to the provisions sections two charges of criminal law, criminal law theory called "competition". In such circumstances, how should be convicted and punished? Is a crime or several sin? If a crime is set in choosing of bribes or charges malfeasance? This problem in legislative, judicial and the theory of the dispute. China’s judicial practice bribery and malfeasance companions occurred in judicial practice has become a difficulty, in this case, how can provide strong judicial organs according to the judicial judge, timely and efficiently investigate corruption and malpractice cases, severely punish corruption crimes, Bribes and can solve problem of law and malfeasance competition?Based on the specific situation in judicial practice, the relationship of bribery and corruption, in malfeasance "seek interests for others" and "or" and malfeasance "accept others’ property" positioning analysis. It concludes in bribes and malfeasance in competition for the bribery and corruption, type malfeasance coexist and type of malpractice for and "or" coexisting aggravating punishment for malfeasance conditions when bribery crime and the malpractice of three kinds of circumstances, and the three specific analysis and put forward their views, the author gives some Suggestions to solve the problem.