Study On Issues Of Joint Bribery

A joint crime refers to an intentional crime committed by two or more co-performers.The crime of bribery is the crime of identity with its behavioral subject as a special subject. The general subject cannot set up a separate crime of bribery, but together with a special subject they can set up the crime of bribery accomplice. Joint bribery crime is a special form of crime that is more complicated. Specific analysis of particular cases is necessary to distinguish the behavior of the role in the crime and to identify the related principal or composing accessory. More than 90% of the bribery crime cases in China in recent years are conducted jointly by the national staff and their relatives. The common behavior of this family-type joint bribery crime is to implement, to abet and help in the joint bribery crime. Common interest is not only confined to the relationship of property in common. The opinion about the object of the joint bribery crime is different: single object and complex object. The domestic and international theoretical research and legislative history of the crime of joint bribery has experienced a process of development and improvement. “United Nations Convention against Corruption” is a guiding document for the international battle against corruption. China should reflect the spirit of the Convention through related legislation. For the verification of joint crime bribery, it is the principle of “partial crime, common responsibility” that should be followed with the emphasis on the role of each criminal together with joint bribery amount. Moderate application of intentional presumption in family-oriented common bribery case has its positive significance For the punishment of corruption crime, the death penalty is neither the only way nor the most effective measure. The eventual abolishment of death penalty for economic crime including the crime of joint bribery is the objective requirement of both the rule of law and the construction of our harmonious society.