The Research Of Prevention And Control On "Thinking Of Post Factum Bribery Qualitative Problem"

With the development of social forms, the crime of bribery crime form gradually diversity, concealment, confusion. Early in the last century, "post factum bribery" this phrase began to enter our field of vision. In criminal law, it is not a strict legal concept, just as vivid referred to as a special form of bribery behavior performance. "A pattern of behavior of bribery afterwards" its essence is the crime of bribery, atypical form belongs to the bribery crime. Since the Chen Xiao bribery case since, "post factum bribery" frequently appear in our judicial practice, to the large number of legal person brings a new reflection and discussion. As the "manifestation of post factum bribery" not one, there are a variety of "post factum bribery" behavior, in the judicial practice of our country such as:the prior agreement of the narrow sense of "post factum bribery", the prior agreement of the post of bribery, without prior agreement of post factum bribery and without prior agreement the post of bribery. But through the act of personnel after accept bribes behavior representation, the inherent relation between the analysis of the behavior of duty and advance the, we are not difficult to see the essence of "post factum bribery" final trading power for money, ultimately honest behavior of their working behavior of a prostitute, profane. At present, the relevant definition of "controversy in the theoretical circles of bribery afterwards" behavior, especially for without prior agreement "post factum bribery" behavior because there is no relevant provisions in principle in the law, in judicial practice, qualitative still exist in certain difficulties. The legal theory of "post factum bribery" acts constitute the elements from nature, crime of bribery to analyze the nature of the behavior of "post factum bribery". Starting with the analysis of this paper from the "post factum bribery" behavior, the crime of bribery crime from the nature and the composition of the same, by thinking of specific cases to discuss about the identification problem of bribery afterwards "behavior suspected of bribery crime without prior agreement"; at the same time, "post factum bribery" for talking about legislation guess some personal.