The Crime Of Bribery Object Identified

Since reform and opening up, with the continuous development of the socialist market economy, economic prosperity, social wealth growth, followed by market economy inherent defect of the trade power corruption, rising, and the gimmick that bribery is varied, more and more with concealment, more and more difficult. To bribes to the line effective blow it is necessary to grasp the connotation and extension of the bribery and corruption, the precise criterions for the conviction. Especially in the new central committee leadership to punish corruption and bribery crime sweeping overhaul management background, hold good line bribery penalty dimension becomes even more important. Theory of bribery of state functionaries, seek improper interests and cannot commit to line problems such as there are different points of view, in judicial practice for bribery contentious part of the case. The author in this article main discussion buy officer was tricked into this type case, the case whether the briber to constitute a crime in judicial practice, there are different opinions, considered a crime in some areas, some areas is not considered a crime. To maintain the unity of justice, the class has serious harm social behavior regulation, so to buy officer was tricked into whether discusses constitute a crime has important theoretical significance and practical significance.This article has four parts:The first part: the basic situation of case and case the differences, in this case constitutes bribery and does not constitute a crime of two ideas, causes of the dispute is different for the interests of the state functionaries, improper understanding, and cannot commit whether can be fined.The second part: the legal analysis of the related problems. In this part of the disputed points to analysis of the differences, this paper argues that the definition of state functionary to combine for identity and engaged in official business judgment. For illegitimate interests according to the existing law of illegitimate interests based on the comprehensive benefit of external and internal performance comprehensive judgment. For cannot commit to risk can be used to determine whether ispunishable, judging from dangerous point in time, benchmark, data to draw conclusions.The third part: case analysis. Combined with the second part of the legal analysis of the focus of controversy judge the case, come to the conclusion that dispute cases do not constitute bribery.The fourth part: case enlightenment. Through the analysis of the specific circumstances of the case, combined with the specific legal theory, summarize the revelation of this type of cases.