Research On Some Issues Of Bribery

Bribery as a violation of social justice negative phenomena,along with the public power generation,long history.Although China has made great progress in anti-corruption,but corruption is still stubborn presence in the form of a more diverse and more subtle.The reason for this important aspect of China's current criminal law of bribery that caused corruption regulations imperfect,light weight bribery bribery criminal policy has a very important relationship.Contentious issues for the theory of criminal law and judicial practice confusion,for the purpose of effectively combating bribery crime,maintain social fairness and justice,about the provisions of the existing criminal law and relevant judicial interpretations,the need for issues related to the existing legal norms bribery exists to explore research.Currently,research on bribery "illegitimate interests" subjective element,the relevant theories are the deficiencies,and through relationships crime or,Accomplished and Attempted discussion between "illegitimate interests" and bribery,"illegitimate interests " to achieve or not is not the distinction between crime and bribery crime stop shape structure elements,while combining the theoretical basis of criminal law and judicial practice meaning,bribery " illegitimate interests " subjective elements should be abolished,the subjective aspect of the crime may be changed to "for the use ofnational staff office for personal benefit." In addition,the contents of the existing criminal law provisions on bribery narrow,is not conducive to the prevention of and fight against bribery,bribe content property interests should be expanded to non-property interests,based on the expansion of criminal law theory,practice and legal norms in coordination with other aspects of the feasibility and necessity,and may modify the law,access to justice and improve the interpretation of sentencing and other aspects of the actual operation.Further,since the definition of criminal legal norms bribery illegal income provisions is unclear,the program is unknown,lax review of other issues,resulting in difficulties in judicial practice,the need to define the scope of bribery illegal income,and from the legal basis for defining the scope,identification requirements,body recovered,monitoring relief,bribery illegal gains recognized norms and behavior recovered.