Research On Some Problems Of The Crime Of Bribery In China Under The New Situation

Corruption is a social issue of common concern of all countries in the world today, it has great harmfulness. According to the theory, the crime of bribery is the national staff, taking advantage of his position, ask for or accept others’ property, for the benefit of others. Since the party’s eighteen conference, vigorously promote anti-corruption, anti-corruption work carried out like a raging fire in our country, and is an important realization of bribery crime of corruption, effectively combat and prevent bribery has become the priority among priorities of anti-corruption work. This article from the legislative history and current situation of bribery crime in our country to some difficult problems, combined with typical case analysis focuses on the bribery crime in the judicial application, and with reference to foreign criminal law on bribery advanced research theory and practice experience, analysis of changes in China’s bribery crime criminal policy, legislation, judicial reasons, put forward a variety of countermeasures and suggestions on perfecting the bribery crime in our country criminal law, in order to guide the bribery crime in the judicial application more effectively, the implementation of our criminal policy of combining punishment with leniency.This paper is divided into three parts: introduction, text, conclusion on the structure:First, introduces the present situation of. The bribery crime is the criminal law, the research must start from the specific provisions of criminal law. According to China’s social background and the characteristics of the process of the rule of law in the legislative evolution of the crime of accepting bribes can be divided into three stages are analyzed: one is the beginning of the founding of new China to the legislative history of the 1979. The two is from 1979 to 1997 the legislative evolution. Three is the legislative history of the criminal law of 1997 so far, after the implement of the criminal law of 1997, the National People’s Congress Standing Committee passed the amendment to the criminal law provisions of four of the crime of accepting bribes to amend and supplement. So far, the legislative history of the relevant provisions of current legislation, summary analysis of the bribery crime of bribery in the criminal law of our country is gradually moving towards on scientific and perfect.Second, expound the problem. Some knotty problems of this part focuses on the analysis of the new situation of bribery crime in our country: first, the change of the social situation, the emergence of new forms of bribery crime is different from the traditional, such as complicated criminal means, the object of crime, the amount involved is increasing diversification etc..Secondly, a new kind of bribery crime to pursue the stability of serious criminal law issued written overhangs, judicial cognizance into all kinds of difficulties. Finally, the new state emerged from under the new situation of bribery crime, discusses under the new situation, the objective aspects of bribery crime as "seek interests for others" or "bribery", the extension of the boundary identification, identification of the problems of the crime of accepting bribes, and controversial sentencing problem.Third, analyze the reasons. In this paper, from the aspects of the change of criminal policy, legislation, judicial in-depth analysis of the reasons of bribery crime in judicial dilemma. First of all, "wide, strict uniform" standard is not clear and the plot, the practice of the criminal policy deviation, deviation caused by the practice of the criminal policy of bribery legislation prospective insufficient stability is not enough, the legislative power expansion led to judicial atrophy, light weight bribery bribery misconception prevails, and so on, it is the criminal policy issues. Secondly, improper bribes range is narrow, the penalty system, is the reason for the legislation. Finally, "seek interests for others" of the dilemma, as part of the new bribery and bribery of the controversy, the penalty amount has been broken, the constitution of the crime cases is not reasonable, high rate of probation, the property punishment is too the criminal judicial connivance, it is the judicial reason.Fourth, put forward countermeasures. This part on the basis of the three aspects of bribery crime in judicial predicament mentioned above, puts forward effective countermeasures. First of all, the reasons for the change of criminal policy aspect, we should accurately grasp the "Leniency" of the criminal policy, and emphasize the forward-looking legislation, legislative power and judicial power limits, bribery, bribery "to correct their mistakes" concept and grasp the scientific criminal policy under the influence of the law, justice. Secondly, in the aspect of legislation, the abolition of the "elements" to seek benefits for others ", adjust the stolen goods conviction and sentencing sentencing" mode, set up scientific and reasonable configuration of the criminal law, such as setting up an independent legal punishment, increase the free punishment, increase the amount of the fine penalty, to determine the relative additional qualifications punishment and rehabilitation system and so on, and increase the punishment of bribery, but also need to promote the legislative process of the national anti-corruption. Finally, in the administration of justice, according to the characteristics of the new bribery and combined with other related civil and commercial knowledge, that accurately grasp the new bribery, surrender, meritorious circumstances recognized norms, norms judicial discretion and the non imprisonment punishment, to improve the judicial staff business ability. Hope the analysis of the above three aspects, can help the Judicial Dilemma of bribery in real life to help.The conclusion part, through a brief review of the whole thesis, and hope to solve the difficult plight of the bribery crime in judicial.