Research On Related Problems Of The Bribery Crime

Corruption is one of the biggest eye-catching problems in the contemporary China. Bribes is not only a major manifestation of corruption, but also a typical duty crime.According to the provisions in the first paragraph of our current criminal law article385th, national staff taking advantage of his position to obtain other people’s property, or illegally accepting other people’s property, seek benefits for others, constituted briberyIdentification and punishment of the crime of bribery in judiciary practice are based on the provisions of the Crimina Law. As can be seen from the definition of the crime of breibery, the property is definited as bribe, and in the crime of taking bribes," seeking interests for others" as the constitutive elemennts in the current provisions of Bribery Crime. However, there are great differences and disputes about the elements for article385th of the crimenal law, both in theory and in practice. Through the in-depth analysis of these controversial issues related to Bribery Crime, such as legal interest, the scope of bribery, the crimina element " to seek benefits for others ", contacting bribes judicial pratice, the author put forward her own piont of view. This paper is divided into four parts in the structure:Chapter1briefly introduced the legislative history of Bribery Crime since the founding of PRC. The analysis of the first legislation on bribery crime after the founding, the1979Criminal Law, the1997Criminal Law an some related judicial interpretations of the provisions on bribery crime, expounded the bribery legislation in China is a process of continuous development and improvement changing with the development of society.Chapter2, Section one simply introduces two opposing theories about the benefits of foreign law theory," the duty behavior can not be bought theory" based on" Roman law doctrine ", and" Justice theory" on " Germanic law doctrine ". Section two by analyzing the crime of bribery related to doctrine, contact problems in judicial practice, the author proposes an standpiont of" duties and job behavior honesty " which should be the legal interest of the bribery crime.Chapter3discusses the scope of briberty or bribery object. The first section introduces provisions of " the United Nations Anti-corruption convention " on the scope of bribery, and other countries’provisions regarding the bribery. Many countries in the world define bribery as " interests ", that includes property, property interests, and non-property interests. The second section elaborated the current " property theory " about bribery in China. The third section mainly describes the view of the author on the scope of bribery." non-property interests" should be added to the bribery scope for the current actual need.Chapter4analyzes the " Retention theory" and " Cancellation therory " in regarding of the "for the benefit of others " element in the crime of taking bribes. The first section analyzes different opions about the " Retention theory", the subjective and the objective standpoints. The second section mainly talk about the argument points of two different theory. In the third section, the author put forward a proposal that the crimina element-"seeking interests for others" should be decluded, in order to protect the legal interest of bribery crime, and to meet the need of the anti-corruption.