Under The New Situation, The Study Of Mediate Bribery Becoming An Independent Crime

Part in China's criminal law will mediate bribery crime for taking somewhat inappropriate, because the mediate bribery crimes is different from the common bribery crime, it can neither be summarized by taking bribes, also cannot completely tolerance by taking bribes. Visible, mediate bribery cannot serve as a kind of common bribery case. Mediate bribery, independent into sin is not only the need of judicial practice, is also a criminal legislation technology requirements. The criminal law amendment(7) will use the influence bribery as one of article 388 of the criminal law and independent into sin, more make the single set to mediate bribery become necessary. The related provisions of foreign law, the United Nations convention against corruption and the principle of determining accusation in our country provides about independent legislative examples and theoretical basis. Suggested to mediate bribery crimes alone setting in the criminal law and the legal punishment, and in the punishment setting on bribery, mutatis mutandis, to light, should be abolished to mediate bribery of the death penalty.State personnel duty behavior of integrity, is the crime object of this crime. On the objective performance should emphasize the authority and status of the actor, the actor to use its authority and position to form convenient conditions, to promote staff to use other countries the post seeks unlawful profits for the entruster interests. "With other countries on the position of staff behavior" should be done to narrow understanding; "For" and "receive" two different ways of taking bribes, reflect the different degree of subjective vicious behavior person; Illegal interests and in the process of benefit provides conveniences in illegal, contrary to the principle of fairness and justice, are all seek improper interests. Crime subject is the national staff, is directly intentionally subjective.Mediate bribery, in comparison with other bribery crime has its unique particularity, and similar to other bribery crime. Mediate bribery crime and common bribery subject, subjective aspect, object, the same two crime subject is the national staff, is directly intentionally subjective aspects, the object of infringement of the integrity of state functionary duty behavior. The difference between them is mainly manifested in the behavior way, the application of duty behavior and the nature of the benefit. Mediate bribery crime and bribes with influence on the purpose of regulation corruption and crime form is the same, but very different in the main body, the objective aspect also has the obvious difference. It compared with the introducing bribe, subjective aspect are characterized by deliberately, but crime subject and the objective aspect of the crime of two there is a huge difference. Introduction has outstanding performance in person in order to promote the bribery and bribery and smooth finish, positive matching between the briber and the recipient.