Study On Mediation Bribery Crime

Crime Law388stipulates: National staff, using of facilities of his power or position, byother national staff’s behavior of job, seeking malfeasant benefits for other requester,receiving or requesting, is penalized of taking brides. This is mediation bribery crime. Thereare some differences about the mediation bribery crime in theory and practice. Thesedifferences focus on criminal charge independence, elements of competence, and elements ofprofit,. If people can understand and grasp the mediation bribery crime accurately, it is verygreat helpful to for judiciary to combating bribery.On the basis of research results, combing different views of scholars, discussing theoriesappearing in the controversy, trying from the angle of theory and practice,I put up with ownhumble opinions. This paper divided into four parts.The first part is an overview on the mediation bribery crime. Firstly, this part states theevolution of mediation bribery; secondly analyzes the characteristics of the count, includingthe criminal’s expression and independence, and conclusion is that the crime should bedescribed as mediation bribery, should not be independent; finally explains the criminalconstitution.The second part summarizes elements of position. It is “using of facilities of his power orposition”. This section first describes the different perspectives of competent elements: thecheck and supervision relation, the horizontal check and supervision relation, the identity andface, and the non-check and supervision relation; second combines cases to conduct legalanalysis, and finds these three theories unreasonable; finally describes a specific judicialinterpretation, and it divides into three requirements: position, mutual use, stability andnecessity.The third part summarizes elements of profit. It is “seeking malfeasant benefits for otherrequester”. This section first defines the nature of “seek”, and other national staff’scommitment behavior is the beginning of the “seeking improper benefits”; second introducesmalfeasant benefits’ various theories: the narrow sense theory, the broad sense theory,compromise theory; third combines cases to discrimination and discovers these three theoriesunreasonable; lastly analyzes judicial interpretation,and this judicial interpretation can notexplain the case, then this paper thinks that only the canceling the regulation of profitelements can eliminates confusion. The fourth part is legislative improvement proposal about mediation bribery crime. First,after the abolition of the profit elements, provision should be how to express. Then, thelegislature should improve on the penalty.