Research On The Quantity Of Crime Of Bribery Crime

At present, the crime of bribery as one of the most important forms of corruption greatlyweakens the credibility. It also has serious social harmfulness. As the bribery crime hasbecome increasingly diversified, the probabilities of involving other criminal also graduallyincreased. As the18th victory of the National People’s Congress convened, China has steppedup its efforts to combat corruption, which injects a dose of medicine for rampant corruptionand bribery crime. But the great divergences involved in bribery crime number case ofconviction and sentencing standards arose, which has put forward higher requirements on thecriminal legislation and judicial practice. The author in the perspective of current law andpractice case, relates the principle of criminal law on crime of bribery crime number system,in order that find out shortcomings of the current law of our country legislation of crime ofbribery crime problem. Finally puts forward some suggestions to perfect our country briberycrime legislation.The full text of about forty thousand words, in four parts.The first part: Theoretical exploration of the crime of bribery crime number. In the theoryof criminal law, crime number theory is the most important, which also is one of the mostdifficult problems. It is essential to solve the crime of conviction and sentencing of the role.This part mainly reveals the theoretical basis from the crime of bribery crime number threeaspects of the connotation, nature and circumstances of the problem, which has laid afoundation for the later exposition.The second part: Normative interpretation of the crime of bribery crime number. Thispart starts from the existing criminal law, analysis of the nature of the constituent elements ofthe crime of bribery in-depth, such us seeking interests for others, making use ofthe job convenience and obtaining the property of others. The author suggests that theconstituent elements of seeking interests for others are unnecessary. However, considering ofthe provisions of the Criminal Code, it should be used as a subjective element so as to obtainthe final conclusion.The third part: Judicial application of the crime of bribery crime number. This sectionexpounds that the concrete measures of application of the crime of bribery crime number bythe judicial officers on the existing law, and points out that the defects and contradictions on the solutions of the crime of bribery crime number in existing criminal law in practicalprocess.The fourth part: Improved the legal norms of the crime of bribery crime number. Thispart puts forward three aspects of legal suggestions for improvement by interpretation thetheory of criminal law on bribery crime number in-depth and combining with the judicialstatus quo of the punishment of bribery crime at the present stage in China. First, cancel theelements of “seeking benefits for others” in bribery crime, but it doesn’t mean that thiselement will be thoroughly repealed. It can be used as a sentencing plot of bribery crime. Itnot only can avoid gaps in the comprehension of the law, but also can clear the legalloopholes and adhere to the policy requirements of criminal law; Second of all, the detailedrules of multiple bribery of untreated identified truly carry out the statutory principle of crime;In the third, unified standards of the existing criminal law crime of bribery. Because thecurrent criminal law of our country about the standard of the crime of bribery crime number isinconsistent, which cause to uncertain in theory and judicial practice. This article suggestsperfect our existing legislation accordance in strict with the criteria of the theory of the crimeof number theory, so as to establish a more scientific theory of the crime of bribery offensessystem.