The Crime Of Bribery Judicial Application And Legislative Perfection Of Dilemma

Bribery crime refers to the state personnel who take advantage of their office, ask for other people’s property, or illegally accepts the properties of others, to seek benefits for others. Bribery crime is the social duty crime in our country a great harm, so is the current anti-corruption priority among priorities, with the development of social economy, the current regulations increasingly powerless in the current anti-corruption situation more, brings in the dilemma in judicial practice increasingly obvious. In recent years, the theory of the crime of bribery legislation problems studied, from the high starting point, set up an independent statutory penalty penalty clause, the abolition of the death penalty and other aspects have put forward different views. Particular elements in how to grasp accurately the bribery crime, the correct understanding of "nature and rationality to seek benefits for others", there is a big controversy in the theoretical circles. In this paper, on the basis of others’ research, from the practical point of view, the bribery crime exists in the dilemma in judicial practice, through the "seek interests for others", attempted and accomplished,"Leniency" criminal policy as well as discussed, put forward to perfect the current anti bribery legislation you need, in order to benefit the judicial practice of the crime of accepting bribes. In addition to the introduction and conclusion, this paper consists of three parts.The first part of the case. Based on a typical case, through the introduction of case analysis, points out the main differences of judicial decisions on the handling of cases, and the differences and related legal issues involving brief assessment. Grasp the Judicial Dilemma and applicable laws of the second part of the crime of bribery. From the point of view of a typical case, through analyzing the Judicial Dilemma Facing to the bribery crime, to further explore the reflected by the plight of some elements to accurately grasp the bribery crime in the judicial practice. On bribery in judicial practice of "emotional investment","bribery money used for the public" that led to the judicial arbitrariness, sentencing imbalance problem, judicial predicament and the reason analysis of the resulting, for the crime of bribery "to seek benefits for others" elements, the accomplished offense standard, measurement of penalty light punishment and re crime problems explanation and demonstration, providing reference for the judicial practice. Legislative defects and improvement of the third part of the crime of bribery. According to the shortcomings of legislation on bribery, proposed to abolish the idea of "securing benefit for others", the establishment and improvement of fine penalty punishment to the crime of bribery provisions.