Research On The Introducing Bribe Crime

Back in the old and new criminal law alternating periods, the argument of retaining or abolishingthe introducing bribe crime had been loud and clear. Although the new criminal law revised in1997hadestablished an independent crime for the introducing bribe behavior, but the introducing bribe crime stillcouldn’t subsume related behaviors as an independent crime. The reason of how this phenomenonturned out contains two aspects: On the one hand, the behavior of the introducing bribe is difficult todistinguish with the assisting behavior of the bribery crimes in theory; On the other hand, as thestatutory sentence of the introducing bribe crime is excessively mitigant compared to the briberycrimes, this crime is always adopted optionally by the procecution and the defence, which causes theintroducing bribe crime can not play its due normatively role.The theoretical problem and judicial dilemma belong to the introducing bribe crime triggered anew round of appeal of abolishing this crime by the theoretical extent and the practical extent. In myopinion, the introducing bribe crime has the necessity to retain as an independent criminal type.In order to demonstrate the necessity to retain the introducing bribe crime, this articlesystematically introduce the opinions of the retaining and abolishing sides, the constitution of theintroducing bribe crime, the relationship between the introducing bribe crime and the accomplice of thebribery crime, especially clarified the boundary and extinguishing method between the behavior of theintroducing bribe and the assisting behavior of the bribery crime definitely，which can make thebehavior of the introducing bribe no longer attach itself to the assisting behavior of the bribery crime.The demonstration and application of the recognizing method on the behavior of the introducing bribecan be found throughout the justice finds part of this article, which can be a foundation to help theauthor illuminate the connections and differences between this crime and the bribery crime, the mediatebribery crime, the using influence bribery crime and some other type of crimes. What’s more, the authoralso bring on some relevant advices on the legislation improvement part, as the existent legislation onthe introducing bribe crime has so many drawbacks like the subject and the behavior object of thiscrime is too limited the statutory sentence of this crime is unbalanced.