Research Of Introducing Bribe Crime

After the 1997 amendments to the Criminal Code will be introduced individually set to a crime of bribery. But for some of the problems prevalent theory controversy over such crimes should not be independent from the crime of bribery class, once independence there other forms of bribery complicity, it is essentially different from other forms of bribery where the accomplice, how to distinguish introduce bribery and other related offenses, and so on. Meanwhile, in the presence of judicial practice have been identified on the confusion.For the crime of bribery controversy generated during the legislative amendments, the paper introduces the concept of discrimination from the crime of bribery, recalling the legislative situation bribery introduced to the theory of joint criminal perspective, the need to introduce bribery exist independently perspective, this re-examine the basis of constituent elements of the crime of bribery, and then focus on the difference between it and an accomplice in the crime of bribery, and sort out some of the issues identified in the course of this crime need to grasp, trying to solve the many puzzles judicial practice, the last author punishment of the crime problem in practice made recommendations.This paper consists of an introduction, body and conclusion of three parts, of which body part consists of six chapters.Introduction Part I:Introduction by an accomplice in bribery case leads to bribery bribes with distinction difficult problem, a brief analysis of the introduction of the crime of bribery in a separate criminal law necessity.Body parts:The first chapter describes briefly about foreign bribery cases and legislation on the introduction of bribery legislation evolution.The second chapter describes bribery raised whether the dispute should be the focus of a separate crime to common crime as a breakthrough theory to explain the necessity of introduction of bribery exist independently, but from the perspective of the various crimes and criminal policy of horizontal comparison proof this view, and questioned whether there is an accomplice after the introduction of bribery bribery separate issues.The third chapter describes in determining a separate crime of bribery must be on the basis of the description of the specific content of bribery were defined, re-examine the constituent elements of the crime of bribery, bribery explicitly introduced trading positions can not be the object of conduct nature, should be elaborated to seek illegal interests of the reasons for the purpose of committing this crime limited.The fourth chapter focuses on some of the issues identified in the process of introduction of bribery need to grasp. The first part describes the crime or issues, including the intervening acts of crime and legitimate distinction; second part describes this crime and other crimes, including the crime of accepting bribes and mediation, the use of the influence of bribery, fraud and embezzlement boundaries of sin; third part describes the number one crime and crime issues, including abetting bribery and describes how to handle bribes, bribery of mediation process and describes how to deal with bribery, bribery and helping to introduce both bribery or bribery Help of how to deal with an introduction to the process of embezzlement bribery acts such as how to deal with difficult problems in judicial practice; fourth part concerns the problem of identification of crime patterns.The fifth chapter discusses the introduction of criminal bribery commitment issues, and describes the introduction of bribery felony lenient sentence does not exist independent of the question, in order to further refute some scholars advocate the abolition of this crime perspective.Epilogue:Indicates describes bribery independent, whether it is from the perspective of the theory of common crime, or to optimize the structure of the Penal Code chapter are the best choice based on the needs. In addition, the judicial practice requires attention to the actual punishment of the crime of bribery issue.