Research On The Criminal Nature Of The "Special Bribe"

"Criminal law amendment(9)" changes the specific amount of article three hundred and eighty-three of the criminal law to the amount of uncertainty and the plot.But it still rules that the content of the bribery is the property.The civil servants accept other interests in practice,such as important information, sex, employment, and so on.It damages the prestige of the state organs and state functionaries and shakes the foundations of the ruling,leads to corruption,corrupts social conduct.The social from all walks of life hate to hear.Because of the lack of legal basis he cannot be punished, the CPC party disciplines is difficult to combat effectively,which directly affected the crackdown and breadth of anti-corruption.So,whether these complex bribery should be classified into the scope of bribery, and how to punish.It becomes a realistic problem urgently to be solved.This paper starts from the nature of bribery theory,analyses the criminal nature of several kinds of "special bribe", put forward legislative proposals for "special" bribery into sin and related judicial proposals.The article has more than thirty thousand words.In addition to preface and conclusion, the text is divided into three parts:The first part is a summary of "special bribery".First, bribery as a noun refers to money, valuable things, and other interests that can meet the demand of the recipient.Bribery refers to the process of bribery as a verb; Secondly, by analyzing the legal interests of corruption it has points out that the essence of bribery is the exchange of duty behavior and interests.Again, by analyzing our country and other countries about the bribery legislation and "special bribery" in real life,it points out the shortage of legislation in our country and the judicial dilemma;Finally, it pointes out "information bribery", "sex bribe", "performance of bribery" and other "special bribery", its characteristic is more concealment, more way.The second part analyses the criminal nature of several kinds of "special bribery".On the basis of the analysis the views about against and support "special bribe" into sin,it points out the necessity and feasibility of "special bribe" into sin.The article pointes out that "special bribe" serious social harmfulness is the main reason that "special bribe" is attached to the category of bribery.Reference of legislative experience,the use of technical investigation,the role of the media and the report system,bring up the feasibility of "special bribe" into sin.The third part is the suggestions.The first is legislation suggestions,the one is through the amendment of criminal law to replace the "property" of bribery to "all unfair interests",the second is to increase the provisions of the "content" of interest,the three is added an article after three hundred and eighty-six of criminal law: "accept other illegitimate interests in addition to the property bribery,shall be punished in accordance with the provisions of article three hundred and eighty-three of this law according to the seriousness";The second is the judicial suggestions after modified.One is according to the given people identity, interests content,interests source, to divide the boundaries that the civil servants accept interests,two is according to the degree of social harmfulness and other relevant legal provisions to limit the boundary of the "bribe",Three is the solution about the third person and relationship problems of "sex bribe".