A Probe Into Bribery Crime From The Perspective Of The Dualistic Theory Of Anti-value Acts

This paper claims to introduce the Dualistic Theory of Anti-value Acts into the analysis procedure of bribery crime, which gives priority to the theory of norms violation and supplemented by the theory of legal interest violation, and analyzes the positive meaning that the Dualistic Theory of Anti-value Acts has on bribery crime affirmation in juridical practice of China through comparing and analyzing the debate over the Theory of Anti-value Acts and the Theory of Anti-value Consequences in Germany and Japan, while combining the theoretical research status and juridical practice in China. In other words, a major feature of this paper is to emphasize "practicality", which is to further study bribery crime from the perspective of the Dualistic Theory of Anti-value Acts based on juridical practice. Because "a lot of us in the past believe that a case can be solved merely by the simple subsumption that to fit the settled case facts into the constituent elements of legal norms that have previous necessary explanation. But in fact, such deed itself has been endowed with value judgment, or it itself has already become a categorical behavior with evaluation tendency", "the Criminal Law is not existing to protect imagined safe legal interests from any damage, but to choose from numerous effect and damage that legal interest has received those intolerable by only morality and prohibit them". The effectiveness and authority of law norms will be highlighted by prohibiting such illegal acts as being stipulated by lawmakers.This paper writes in about sixty thousand words consisting of five parts with the following major contents:The first part is to define the concept of the Dualistic Theory of Anti-value Acts. This part focus on the analysis of the historical and philosophical origin for having the Theory of Anti-value Acts in both German and Japanese criminal law and the primordial, monistic and dualistic theory of anti-value acts derived from it thereupon. Together with a comparison of the Theory of Anti-value Acts and the Theory of Anti-value Consequences, it comes up with the theoretical basis of this paper, namely the Dualistic Theory of Anti-value Acts.Standing on the said theoretical basis, the second part of this paper goes with the analysis of the composition bribery crime in such four aspects as its object, objective aspect, subjective aspect and subject, all of which based on the perspective of the Dualistic Theory of Anti-value Acts. By putting the Dualistic Theory of Anti-value Acts into the analysis of the four components of bribery crime to the greatest extent, to localize it and then highlight the necessary awareness of regulation in a country of laws.The third part of this paper gives an analysis of attempted bribery crime under the Dualistic Theory of Anti-value Acts. The state of attempted is a part that must be discussed for any crime. As one of the high-incidence crimes, bribery is no exception. And the attempted state of crimes is one of the heated debating point between the Theory of Anti-value Acts and the Theory of Anti-value Consequences. Begin with the statement of attempted and suspended bribery crime, this paper then expounds the influence on the identification of them that the Dualistic Theory of Anti-value Acts has.The fourth part, based on the perspective of the Dualistic Theory of Anti-value Acts, discusses the joint crime of bribery. This part discusses the punishment basis of joint crime of bribery under the Dualistic Theory of Anti-value Acts and joint crime of bribery between non-national staff and national staff, identity and amount of crime.The fifth part discusses the relationship of bribery crime and related crimes. As the last part of this paper, it probes into the connection among bribery crime, crime of dereliction of duty and crime of introducing bribe from the perspective of the Dualistic Theory of Anti-value Acts based on juridical practice. And then return to the original intention of this paper that to show citizen and national staffs in particular a situation that no laws and regulations can be violated while analyzing bribery crime with the theory of the Dualistic Theory of Anti-value Acts. And finally highlights the necessary national awareness in a country of laws through the analysis of problems related to bribery crime from the perspective of the Dualistic Theory of Anti-value Acts, all of which is to make every citizen a free individual with awareness of laws and make each of them develop comprehensively under the environment of laws.