Studies On The Issue Of Joint Crime Of Bribery

Along with the rapid development of China’s economic, social, and taking bribes hasbeen out of the way before comparing single bribery, it complicated, to conceal newcharacteristics, such as crime way also increasingly diversified or complicated, bribery jointcrime problems is one of them. Bribery joint crime in the judicial practice in our country aredifficult to detect, because the problem there are many, maybe because the new type ofbribery, participating, multilateral cooperation, make the criminal facts are difficult to find,or even after the discovery, may also be caused by a lack of evidence can’t completely tobring for justice those really broke the law; Maybe even if there is evidence, due to ourcountry’s legal loophole and blank, make the charges against the defendant without legalprovision, it is hard to the criterions for the conviction. What’s more, some of the briberyjoint crime objective behavior is introduced and bribery, use of overlap, such as takingbribery of every influence, of the perpetrator which leads to appear different punishmentbasis. So, can be seen from the processing difficulty of judicial practice, the research on therelated problems of bribery joint crime is not only theoretical study is good, but meet theneed of the judicial practice of reality.The introduction part mainly includes three parts. First of all, the selected topicbackground and significance, this part focused on the current party and governmentattention to the problems of anti-corruption work rising at the same time the proportion ofbribery joint crime in bribery increase year by year, it’s fully illustrates the research of theproblem is in conformity with the national policy or era background. Secondly, the researchstatus at home and abroad, this part from the two aspects at home and abroad, respectivelyexpounds the research progress of bribery joint crime, the part mainly studies is the civillaw of Germany and Japan, hope to be able to help deal with the problem of our country.Finally, on the research of methods and innovations, the author mainly USES empiricalanalysis method, literature analysis, comparative analysis means of bribery joint crimeproblems in many aspects and angles.This article is divided into three parts.The first part for the study of the crime constitution of bribery joint crime, first of all, the research at the subject of bribery joint crime from two aspects, the main body status ofthe same bribery crime and subject identity different bribery crime together, or some mainbody status of present academia in detail in this paper, the main issue. Second, the objectiverequirement of bribery joint crime composition has analyzed, and this part is mainly tobribery constitute bribery accomplice concrete determination problem, namely, includingconstitute a crime, instigator, to help make this three kinds of situations. In the end, it is thestudy of the subjective elements of bribery joint crime, from a general savoury later noticefor two kinds of common crime Angle analysis.The second part of the overall grasp of bribery joint crime of specific problems. Thispart will include three aspects. First of all, the problem of non-national staff could constitutethis crime perpetrators are studied, the problem of academia there is a big controversy,through the analysis of all kinds of disputes, the author also puts forward his own viewpoint,which claims that said "yes", orexpounds the reasons. Second, the study of family takingbribes, included family foundation, the basic form of the establishment of taking bribes andidentity problems of family members, through these three aspects bribes to family have adeep understanding. Finally, the crime of bribery joint crime and other similar comparativeanalysis, including using influence bribery, bribery and hope that through detailed analysis,can very good fixing the bribery joint crime.The third part from the perspective of bribery joint crime legislation and the judicialperfect are analyzed. First of all, the paper analyzes the current status of this crimelegislation, through diversification, the plight of the relevant legal provisions are clear andjustice three aspects, illustrates the problems that exist on the judicial practice, and thenillustrates the research significance of this paper. Second, and then puts forward someSuggestions for bribery joint crime legislation level, and the comparative analysis of relatedissues at home or abroad, the author mainly hope that through study abroad processingmethod of related issues, can give us the certain model significance. Finally, puttingforward some Suggestions about the bribery joint crime judicial, then put forward the "givefull play to the role of the case guidance system","reasonable appropriate use ofpresumption principle","strengthen the judicial personnel’s legal discrimination" and "recommended" to push forward the reform of supervision system, hope to be helpful to thejudicial practice work.Through systematical explanation of bribery joint crime theory, combined with thedifficulties of judicial status quo, intention of working for judicial breach, hope I can somehumble opinion on the issue of theoretical research or practical work.