Study On The Application Of The Crime Of Bribery

Briery seriously disrupts normal management order. Judicial interpretation ofChina’s criminal law and the relevant provisions on bribery reflects our emphasis on thepunishment of bribery. However, on the subjective purpose of the briber who seekunfair advantage how to determine, whether the second paragraph of the briberyincluded seeking improper interests surrendered determination of constitutive elementsof bribery and other issues, there has been much controversy. In recent years, briberycrime shows some new characteristics, for example, bribery is more secretive, itscontent is no longer confined to the traditional property (tend to be more non-propertyinterests and property interests), they put forward new challenges In the presentcriminal law, The new problems and old problems are intertwined, The judicialapplication of bribery became an inescapable and unanswered questions, this thesisdiscusses and researches the issues.This thesis about thirty-one thousand words, in addition to the introduction andconclusion, are divided into four parts:In the first part based on the value of legislation of the crime of bribery, thecriminal legislation on bribery crime in the period of our country, points out the existinglegislation under the framework of bribery in the judicial application problems.The second part discusses the provisions of the Criminal Law Article389,paragraph "general bribery" in two controversial issues: The first problem is the natureof “To seek illegitimate interests “and the intension of “legitimate interests”. This paperproposes that it belonged to Absichtsdelikte,“To seek illegitimate interests” Belongs tosubjective factors, it was precisely defined should be in accordance with the criminallaw and relevant judicial interpretations, legislative intent.“Illegitimate interests“include Entity illegal interests and procedure illegal interests; The second problem isthe content of bribery. The content of bribery crime of bribery is limited to money in thepresent criminal legislation regulations. However, Non-property interests of briberydoes great harm to the society, Criminal law should enlarge the scope of the bribery crime, and it is necessary and feasible.The third part discussed the contents of Criminal Law Article389, paragraph2"economic offering bribes “and its Relationship with” general bribery”.“Economicexchanges” can only be limited to the scope of national staff to participate in theactivities of direct economic contact.” In violation of the provisions of the state “is Oneof the evaluation criteria to judge whether bribery constitutes a crime, it can not beconfusion with "to seek illegitimate interests”. Whether the action of giving nationalstaff a rebate, commission constitute the crime of economic offering bribes, dependedon the parties to the transaction are established and the sources of rebates or fee.”economic offering bribes” also required “to seek illegitimate interests”. The provisionof second paragraph of Article390of the Criminal Law is a kind ofprovision of attention. They were applicable by different reasons.The forth discussed the bribery of surrender and meritorious and Boundaries ofbribery and related civil actions. First of all, First of all, through discuss the distinctionbetween surrender and confession that inform on bribery behavior can constitute aspecial surrender or frankly, but not meritorious performance; secondly, discuss thedistinction between bribery and bequeathal and “emotional investment”. The differenceis mainly based on the reason of “to seek illegitimate interests”, they areexchanging of power and money or not; Finally, to bribe influential people hasserious social harmfulness, it should be regulated by Criminal Law.