Research On The Scope Of Bribery

Chinese current corruption crime enters the high-fat period, showing a growing trend. In addition to the traditional property crime of bribery, all kinds of property and non property interests bribery have emerged. But the scope of bribery in our country’s criminal law is still the property, not the other property benefit and the non property interests included, leading to all kinds of bribery crime emerging blow lacking of criminal law basis. To some extent, it indulgences occurred bribery crime. Therefore, extended to all the "illegitimate benefits" in bribery crime in criminal law, we can really effectively combat corruption crimes.Since the advent of Chinese criminal law in1979,judicial interpretation range was extended to "property interest" in commercial bribery in the field of the bribery. But the current1997law expresses the scope of bribery as "property". So the legislation of other jurisdictions on the scope of bribery is very worthy of our reference. Whether civil law countries or the common law countries, international conventions including the United Nations, and China’s Hong Kong and Macao criminal legislation, they basically have the scope of bribery provisions for unfair "interest" or "benefits". Therefore, we should comply with the legislative trend of the world, making accord with the trend of the times to choose.Chinese criminal law theory circle has formed three kinds of representative theory point of view on the scope of bribery controversy:the said property, property interests and interests. Property says that the scope of bribery include money, and materials which can be measured in terms of money; property interests said claims, the scope of bribery in addition to tangible property, but also includes which can be measured in terms of money material interests; interests said range most extensively refers to all the illegitimate interests or good. The three phase comparison, the benefits say meet the needs of the judicial practice.Whether the non property interests should be included in the scope of bribery problem is the most controversial. The non property interests means that can not use the money for the measure of interest. There are forms of sexual bribery, bribery, bribery, the performance of emotional information and help bribery. Comparing of both views and reasons, combining the current situation faced by the current judicial practice, I agrees that the non property interests should be entered into the "criminal law" in the crime of bribery range to put forward my arguments.In all forms of non property interests of the bribery, Sex Bribe is the most controversial part. Through the concept of sexual bribery, the history and legislation is introduced, and the manifestation of both sides of positive and negative opinions and basis, I put forward my own point of view that the sexual bribery should be entered into bribery range.As a new form of bribery, information of bribery is produced with the change of social life and the development of science and technology. In the era of information explosion, information communication is very convenient. The importance of information to people’s production and life has become increasingly prominent, the characteristics of the information bearing the economic interests of the more obvious. Although information bribery conviction and sentencing existing some operation problems, information of bribery crime is imperative.Around the bribe scope extended to all the "illegitimate benefits", breaking the core concept of China’s current legislation limited to the "property", we discuss the non property interests of the bribery of the problem. Finally, I put forward some suggestions to perfect the legislation of bribery scope, in order to attract and inspire.