Study On The Non-property Interests Of Bribery Crime

Bribery has been the focus of national, research on crime has also been a focus of academic research. With the development of socialist economy, more and more diversified form of bribery, whether for non-property interests of bribery conviction, what offence into the debate has become intense. Is different from the traditional forms of bribery in people's eyes, higher non-property interests of bribery is hidden, not easy to find new style, features are hard to define, it is because of these characteristics, more and more criminals choose non-property interests of bribes to seek illegal benefits. For practice in a growing number of non-property interests of bribery, the existing criminal law provisions relating to bribery is not enough for effective regulation and impose financial penalties. Review of literature relating to bribery, the author, after an investigation concluded after finishing: non-property interests of bribery should be convicted of the crime and to impose financial penalties. In addition to the introduction and the conclusion, is divided into five parts.The first part is a general overview of the scope of bribery. Reviewing books, papers relating to bribery in the meaning and the pros and cons with their definition of bribery, and some its features in detail. Also briefly describes the three theories of bribery, and bribery in the history of the criminal law was reviewed.The second part is a comprehensive analysis of non-property interests of bribery. Definition of non-property interests of bribery and analysis of its characteristics, and then from the forms of non-property interests of bribery conducted a detailed classification, and finally analysis of non-property interests of bribery and the rapid spread of the cause.Third part is a property interest of bribery conviction of a reason. From the legal basis and the practical needs on the one hand, international trends and other aspects, analyze the necessity of non-property interests of bribery crimes, from bribery and essential characteristics, international regulations, foreign countries and bribery of experience, diversity of practice in investigative techniques and other aspects, analyses the feasibility of non-property interests of bribery crimes.Part is the analysis of non-property interests of bribery crime to the difficulties encountered in practice. First is culture identity of obstacles, that finds difficult, favors and gift, gift and bribery to distinguish of special clear; second is survey forensics of obstacles, due to non-property interests bribery of concealment high, to forensics, several forensics difficult; again has is sentencing of problem, bribery crime has been is meter spoils conviction, to volume sentencing, and non-property interests bribery due to its particularity hard applies this standard, that sentencing difficult.The last part is a combination of extraterritorial legislative experience and China's actual situation, and proposed some ideas of non-property interests of bribery crime, both proposals at the legislative level, including some ideas at the judicial level, with a view to non-property interests of bribery crime issues can be effectively addressed.