Research On The Finished Standard Of The Bribery Crimes

The crime of corruption is a traditional types of crime, but in today’s world ofanti-corruption situation is not optimistic, in response to the increasingly seriouscorruption crime, the United Nations even developed a special convention to combatthe crime of corruption. China’s corruption and crime situation is equally grim, manyof the crime of corruption, especially in the most harm of the crime of bribery, thecrime of bribery has been a direct threat to the stability of the regime, social harmonyand stability. But the face of the current serious crime of bribery situation, on the onehand, our existing criminal law provisions for accepting bribes crime accomplishmentlags behind and there is not reasonable place for combating and preventing the crimeof bribery; the other hand The criminal law field related to bribery The standardtheory of crime consummated difficult to adapt to the needs of the judicial practice,the expression for a crime of accepting bribes the theory difficult to integrate with theinternational advanced legislation to require.To find out more suitable for a new standard of China’s national conditions andjudicial reality, the first author through the legal interests of China’s most influentialcrime accomplishment standard for comparison and analysis, the key factor indetermining the crime consummated standard is a crime. The nature of the crime is aviolation of the law benefits, only to take the correct definition of the crimeconsummated standard theory, and for guidance before they can make a crime inidentified crime accomplishment to draw a scientific and rational conclusion. FranceInfraction crime accomplishment is the behavior of the method of the criminal law toprotect beneficial actual infringement of the crime attempted is the behavior of thecriminal law to protect the legal interests against threats. Adhere to the legal interestagainst said as the basis for defining the crime consummated standard, more in linewith crime consummated as the evaluation of behavior of social dangers of the degreeof the ruler’s property, in order to correct defined a crime of different behavior ofdifferent legal benefits against the level, to determine the severity of reasonable thepenalty. Second, the author of legal interest against that basis obtained through theanalysis summarized the views of domestic and international legislation as well asacademics can best embody the essential attribute of accepting bribes "national trust"official acts, it is the crime of bribery is different from other crimes of corruption an important symbol, and so better able to fit the legislative intent of lawmakersaccepting bribes. Finally, according to the legal interest against said and taking bribesspecific method beneficial to China’s bribery crime accomplishment criteria definedas: the distinction between bribes and accepting bribes of the situation, bribes type ofbribery crime the crime consummated as: actors use positions of will be theimplementation of active bribery extort the intention to set up a crimeaccomplishment of the crime of accepting bribes for others to know; acceptingaccepting bribes crime accomplishment standards for the establishment of the Crimeof Bribery consummated: when the perpetrator used his position to collect bribes.