Issues On Attempted Bribery

In recent years, the fight against corruption and bribery crime has become one of the focus of the current judicial field and national political life,because it severely damaged the integrity of state functionary duty behavior and it has a great social harmfulness for the party and the country.Corruption and bribery is a prisoner of involution, generally speaking,bribery is bound to corrupt practices,bribery crime is the fountain of embezzlement and bribery crimes,we should also pay more attention to the legislation and judicial practice, and more severe blow.Facing the serious damage of bribery, should strengthen the research for bribery, theoretically to perfect criminal legislation technology and the development of better service for the country’s political life.About several key issues of attempted bribery, I just based on this purpose and combined the study on their main theories to put forward several views of mine in this paper.This article is divided into four parts, the following is the structure and content of this article introduces:The first part of this article is an overview of the attempted bribery,mainly analyzed the legislative provisions of the attempted bribery and defined the characteristics of the attempted bribery from the concept and characteristics of the attempted crime.This paper gives a positive analysis and exposition on the basis of summarizing all kinds of theories and opinions about whether there is attempted form of bribery in the academic circles,and it provide a theoretical basis for the next system analysis and research related issues and suggestions of the attempted bribery.The second part of this article is the definition of attempted bribery.The first is to analyze about bribery crime and not bribery crime,combining relevant theories of crime "constitutive requirements ready" and attempted crime in general provisions of the criminal law provisions related theory within the scope of the crime of bribery,made clear judgment of standard for attempted bribery and provide the basis for the crime of bribery attempted identification in judicial practice.Has been clear about the standard of attempted bribery,and then to discussed the common situations of bribery in practice in list the way which is conducive to the judicial organs to combat bribery.The third part of this article is to analyze the crime of bribery and related forms.People has a lot of mistakes about attempted to bribery and other forms of crime of bribery in judicial practice,and it caused many misunderstandings for practical solving criminal cases.The author analyzes and discusses the differences and relations between the attempted bribery and bribery suspension and the preparation of bribery and clear the judgment standard.So that we can from the theoretical level to satisfy to crack down on the crime of bribery punishment and prevention of the law requires it, achieve good social effect and social value.The fourth part of this article is about legislative proposals to improve the attempted bribery penalties set. In view of the increasing bribery, it is imperative to crack down on the crime of bribery legislation regulation.This part put forward the attempted bribery in the defects of legislation based on the analysis of the responsibility scope and principles of the attempted bribery,and then absorbed from around the world to the bribery penalty provisions and judicial practice experience to put forward to increase regulation punishment, proposals to reform the fine punishment and increase application of qualification of penalty.