Taking Bribes Problems Explored

Corruption is a worldwide common topic, which is also a common disease the human society is facing. Anti-corruption is era mission, there is also a long way to go. Since the eighteenth congress, led by Xi Jinping as general secretary of the CPC central committee, our country’s anti-corruption speed, strength continuously strengthen, the social from all walks of life to applaud,from the”flies” to the “tigers”. How to make officials never rot to、not rot to and don’t want to, let take temporary solution and effect a permanent cure of anti-corruption work in China? The answer is the rule of law. Anti-corruption legislation is not sound and relevant punishment of the lack of extradition mechanism, to a large number of corrupt,which needs us to improve the consciousness of the anti-corruption, strengthen anti-corruption criminal legislation. To the rule of law to fight corruption, to punish corruption under the rule of law, with the rule of law to eliminate corruption.The continuous improvement of the bribery crime criminal legislation is an important content of anti-corruption legislation. Our country existing bribery crimes 、seek interests for others objective elements and the evaluation system is a series of theoretical criterions for the conviction of the bottleneck and judicial problems. This needs us deepening theoretical research, to clarify the dispute of criminal law educational world, in order to better serve the judicial practice.This paper is divided into four parts, and total of more than 20000 words(not including preface and conclusion).The first part: reasonable definition of bribery crimes. Object type on bribery crime in the theoretical circle of criminal law theory is divided into three kinds, respectively is said Property 、 Property Interests and Interests. Our traditional legislation to define the scope of bribery as property.In order to adapt to the diversification of bribery way in the new period to conceal the characteristics of novel, the state enacted related judicial interpretation of the scope of bribe extension to the Property Interests. Sexual bribery punishment, whether the problem that academia thering is no lack of supporters, and opponents. Supporters from the increasingly rampant corruption molecules with a high incidence of sexual bribery than today under the time background of argumentation, expanding the scope of bribery, include all, including sexual bribery, bribery. they also think at the same time, don’t increase the intensity of the bribery crime punishment, the rule of law will become empty talk. Sexual bribery can be as the content of the bribery, I think that at present, the scope of bribery should be limited to property and other interests, sexual bribery lack of maneuverability, also stay in ought to be.The second part: “seek interests for others” elements remaining problems. Object type on this theory is divided into three kinds, the “subjective elements”、the “objective elements” and the “new objective elements ”. The “subjective elements” that define a benefit for others for perpetrators subjective state of mind, belongs to the subjective factor in the composition of bribery crime. The “objective elements” is also known as the” behavior”, which requires the recipient at the time of accepting others’ property must be present for the benefit of others. The new objective elements is also known as the “promised”. Take the view of scholars still seek interests for others as the elements of objective element of the bribery. Its content is limited at the same time, that the promise is seek interests for others to meet the requirements of the minimum requirements. I think that the requirement is only which has the function of sentencing objective behavior, namely the objective elements of a fix. Fixed support of objective elements is my point of view. According to this theory, the components of the benefit for others is no longer accepting bribes, but the elements has its specific meaning. In the article I explain the connotation. The elements in a bribery persists, theoretically formed different theories and views, including the cancel theory、the keep theory and the fause theory, etc. I tend to the cancel theory, I think that it should cancel the factors of benefit for others, and put it as a sentencing plot to considerations shall be given a heavier punishment.The third part: Build the evaluation system for plot and equal amount of bribery crime. The standard for the amount of bribery are past the criterions for the conviction of evaluation system. Due to the amount standard can’t solve the problem that connection with different sentence、crime imbalance、sentencing the grade、the plot weight low. Therefore, 《 the People’s Republic of China criminal law amendment(9) 》stipulate the “plot + equal” amount of dual elastic structure model. The rule is on previous breakthroughs and development of criminal legislation, bring opportunities to the judicial practice of anti-corruption work. The plot and the amount of parallel standard, is not specific amount. The latest amendment of the bright spots is completely abandon the amount standard, implement standard are summarized. But the standard requires constant refinement, namely high generalization ability can meet the demand of the real judicial practice.The fourth part: the improvement of the bribery crime conviction sentencing standards. This part mainly discusses the latest criminal law amendment about the life in prison for fines or confiscation of property punishment, such as legal analysis, and the standard criterions for the conviction of taking bribery legislation suggestions. I think that life imprisonment is not in conformity with the general criminal law of our country existing setup the mitigation of punishment system, against legal theory. Property punishment setting reinforcement, defect is very large. Bribery conviction sentencing legislation suggestions mainly from the corruption and bribery legislation should be set up separately、the amount of bribery standards should be concreted to proper settlement of bribery cases provincial conflicts, etc. This part mainly puts forward my opinion on the latest amendment of relevant content and related improvements. Theoretical research is in order to serve the judicial practice, bribery theory and judicial work makes it each other possible.