The Discussion Of Several Problems Of Bribery

For bribery itself, it doesn’t matter whether the interests are legitimate or not, it violates the the integrity of the positions of the state functionaries without any exception, and it infringes the legal interests. I suggest to modify "seeking improper interests" to "seeking interests". Then add the former clause as an aggravating circumstance written in law, to ensure that the content of the criminal procedure law can be well up-dated and practical.Bribery has been explicitly stipulated in our criminal law, which is “the content of bribery should only include property and the property can be measured by money”. According to the judicial interpretation issued by the two “supreme”, the content should also include general material benefits, such as free tours, free houses, free cars, etc in addition to money or other property. Besides, sexual bribery is also included.Actual property hand-over should be the criterion of criminal accomplishment. The behaviors, such as bribing the judge, using money to buy officer position, or looking for supporters immensely corrupt our state functionaries, making them barely stick to their principles as a communist party member. And give rise to a great damage to the party and government ethics, becoming a direct threat to the consolidation of state power.Civil donation are similar to the characteristics of bribery, then how to distinguish the difference between the two in practice? First check whether their communication are frequent; how often they send each other gifts; the amount of the property involved is beyond the scope of their salary or not; the interests the actor gets by leistungshandlung is a public behavior or not.The bribery crime is as harmful as the crime of acceptance of bribes. In judicial practice we should abandon the thought of "acceptance of bribes is more important than offering it", and give equal attention. At the same time, as we all know that the state functionaries know the law very well. So their behaviors are more harmful and have worse influence. Then state functionary bribery should be as a heavier plot written in law. On the other hand, add fine penalty and qualification penalty, which means bribery sentenced criminals could be deprived their qualification of involving some occupation and position.