The Study Of Quantity Of Crime Between Bribery And Dereliction Of Duty

With the continuous development of our social economy and the expansion of the functions of the government,corruption crime has increasingly become the focus of social attention,bribery and malfeasance is the important form of corruption crime.While our country’s criminal legislation and judicial explanation for how to deal with bribery and malfeasance has not been a unified attitude,Is also directly contributing to the judicial practice of the plight of appear to deal with this type of problem.Theoretical research on this problem is not enough in-depth caused this trouble,academia for bribery and malfeasance crime number form the view of the complicated,According to the understanding of bribery profit behavior inconsistent can distinguish between a crime, competition and in the three.Now more popular view is that scholars,Bribery and dereliction of duty constituted two separate offenses,Shall be based on combined punishment for several crimes.Especially enacted in 2013 explanation on the handling of criminal cases of dereliction of duty applicable law Issues,but also from the aspect of judicial interpretation of the identified for bribery and malfeasance shall be combined punishment for several crimes,although the interpretation with otherwise stipulated in the "criminal law" to avoid the direct conflict of the legislative and judicial,but at present the application of the judicial interpretation’s popularity,The courts at all levels, people’s procuratorate in the face of this type of problem how to choice is obvious when applicable law.Based on the legislative, judicial and penal Current Criminal theoretical study of these three angles,the fundamental cause of this type of problem has carried on the thorough analysis,the root of the problem lies in the benefit of taking bribes the elements of understanding,when these theories to explain this kind of problem has a certain theoretical basis,but there is also the limitations of a certain extent,profit elements should be considered taking bribes subjective factor,bribery and malfeasance shall be regarded as two independent crime,for the two crimes competition should be considered in the crime number form,according to the except otherwise stipulated in the criminal law,the rest to choose a felony punishment principles that shall be given a heavier punishment.Only in this way,to effectively combat corruption crime,Keep the consistency of our country’s criminal legislation and judicial interpretation and protecting the rights of the offender.