The Study On Crime Of Bribery

That an individual of national staff orders property from others, or illegally accepts others’ property for the benefit of others by using the convenience of position.is called taking bribes. Our country’s mainstream criminal law theory holds the point that the object of bribery is the integrity.of authority behaviors(acts).Some scholars hold different views, putting forward the object of bribery is "authority acts can’t be sold ","authority acts can’t be purchased","national office normal activities, public or private property, as well as all of the socialist economic order object", etc. From the Angle of law benefit protection, the author thinks that, the object of bribes should be "authority acts can’t be purchased", because this statement accurately reveals the essential attribute of taking bribes,which includes all forms of corruption, complies with lawmakers legislation intentions, and meets practical need of the punishment of corruption crime. Because of taking bribes is a kind of transactions that an individual of national staff exchange his authority to the others’consideration,,"using authority to seek for interests of others" should be important character of objective aspects. The so-called "using the convenience of position", is a kind of conveniences obtained in the process of management in authority affairs."Using the convenience of position" shall be used as the components of the bribes, however, although "for the benefit of others" is a components of the bribes, in order to prevent the corruption crime,it should be eliminate in the legislation. Bribery is a crime of "bribe", the content and the range of bribery is a debatable problem. Our criminal law clears that "bribe" should go with property, and the penalty should be considered on the basis of the amount of property, consequently, that how to understand the scope of the property becomes the key to judge guilty or not. The author thinks that, in reality,bribes should include the intangible interests and the intangible interests two, and in granted level,"sex bribe",which is harmful should be included in the scope of bribery.The criminal pattern of bribery crime,which concerns the conviction and measurement of penalty,is always in dispute greatly. The author thinks that, the standard to judge a bribery crime is completed or not should be "accepting or loss," which means as long as a person has taken bribes, it is considered that he is guilty of taking bribes.In its plural crimes issue, the author argues that a plural crimes is convicted in the condition that after taking bribe,a person is acting for illegal profits when he committed anther crime.Article399of criminal law the provisions of paragraph4is a exceptions to this rule, which doesn’t have universally applicable meaning.Rendering merits and surrender are measuring systems,-contrasting with other crime,they are more difficult to be determined in bribery. Those who deny their early confession after arrested,should be determined as a surrender if they confess before a first trail.,or they don’t consider they commit a bribery. The suspects, defendants, and sentenced crimes should be determined as a surrender if they confess "their other unmastered crimes "differently. Whether that person should be determined as Rendering merits should be accordance with law and the provisions of the relevant judicial explanation.It should be distinguished between confession and rendering merits for the sakes of close relationships between bribe and taking bribe,bribery and introducing a bribe.Bribery is a great harmful crime,there are deficiences in China’s criminal law on bribery,which can be modified by learning from foreign countries on the basis of reality of our country. In the statement of bribery,it shall define the object of taking bribes as "authority acts can’t be purchased", expand the scope of bribery by adding "sex bribery", cancel "for the benefit of others".In the setting of penalty, it shall be classified by the sort of bribery;convicting by its circumstances besides the amount of bribery.We shall balance bribery and taking bribery,abolish capital punishment gradually,establish a flexible system of crime law,which is the only way to punish bribery.