Research On The Legislation Of Bribery Crime

Our criminal legislation bribery provision was first started in 1952, the article mainly introduced before "Criminal Law Amendment(9)" bribery legislation enacting the history and the status of bribery in recent years, but also detailed the "Criminal Law amendment(9) " on bribery changes, including increased penalties for bribery criminal fine and to further improve the pecuniary penalty presented some of his own recommendations; binding general provisions of criminal law provisions relating to meritorious strictly limits the crime of bribery Special provisions for relief; further close the bribery of the French Open, from the perspective of the law clearly defines the standard punishment to "around" and bribes.Through detailed constitution of crime of bribery, we can analyze the deficiencies in bribery legislation. Object related bribery, the current existence of a variety of theoretical perspectives, that article, bribery criminal object is a simple object, namely integrity of official conduct of national staff. Objective aspect of the crime of bribery is the behavior of the person has to give national staff to property act. Related to "property" provisions, the presence of a variety of theoretical perspectives; emotional investment behavior is increasingly becoming a popular way of bribery. Subjective aspects of bribery, the article describes about the "illegitimate interests" elements of legislative history, defining the dispute, as well as the abolition of the dispute. Subject bribery is generally subject to circumstances beyond the qualifications of business bribery should be filed with the same standard units of bribery.Study bribery legislation, the most important is the lack of research bribery legislation. The object of bribery, the "property" of the provisions are too narrow, easily lead to bribery to evade due punishment phenomenon. Emotional investment behavior as a new way of bribery, did not attract full attention of legislators, but the dangers of this approach is quite serious bribery, should establish a judicial determination of the relevant standard. For bribery subjective content is difficult to grasp main problem lies in the provisions of illegitimate interests requirements, in accordance with the provisions of the current bribery, criminal law theory is likely to cause confusion and understanding in the judicial practice of the Crime of confusion, leading to the judiciary difficult grasp the perpetrator's subjective purpose, consuming judicial resources, the impact of fair judgment.Legislation bribery mainly introduces the current criminal law of bribery in the constituent elements of the existing problems, the author of the "Criminal Law Amendment(9)" Supreme People's Court and Supreme People's Procuratorate issued a judicial interpretation, judicial practice typical cases and the relevant provisions refer to the "United Nations Convention against corruption" and other countries and regions in the world of criminal law, the proposed expansion of "property" and the scope of "property" to "benefit", amend the payment of bribes, rational choice illegitimate interests elements of the legislative proposals, we want to improve the criminal justice and penal legislation of bribery helpful to our legislature can systematically improve the criminal law legislation on bribery constituent elements, to provide a better reference for the judicial practice, thereby increasing the effectiveness of the work against corruption and bribery.