The Problems And Solutions Of Tackling Crime Of Offering Bribes

There are many legal provisions on the crime of bribery, but in recent years under the guidance of anti-corruption, bribery in the judicial practice there are many disputes. The connotation of bribery crime and the complicity of bribery crime are difficult to distinguish; the connotation and extension of "bribery of unit" and "individual bribery" are confused; for bribery People in the prosecution before the prosecution to take the initiative to expose the behavior of the bribery evaluation of the nature of the existence of controversy. The above aspects to a certain extent, China's current bribery conviction and sentencing standards vary, to be improved. This article is divided into four parts, taking the four difficult problems of bribery as the angle of view, trying to solve the problems in practice. First of all, the bribery in the "unjustified interests" meaning, should be combined with the latest judicial interpretation from the entity and procedural analysis, and accurately grasp the uncertain interests. Secondly, due to the difference between the crime of bribery and the crime of unit bribery, the judge in the trial work because of the experience and understanding of the different standards of the two crimes, so in specific cases involving bribery unit, Bribery is similar to the crime of bribery, in accordance with the unit bribery conviction and sentencing, reducing the punishment of criminals discretion. In the practical work for the better distinction between individual bribery and unit bribery, should be bribery will and interests of these two aspects as the standard. Third, the introduction of bribery should be narrowly understood, should be limited to bribery and bribery have been committed, the perpetrator to communicate between the two, providing information and other acts. If the perpetrator on behalf of the bribery or bribe the person's meaning, was identified as one of the help of the perpetrators, so the behavior does not belong to the introduction of bribery but should be in accordance with the crime of bribery or bribery charges. Finally, the briber who testified that the nature of the behavior of bribery can not be identified as meritorious service, should be identified as the specific circumstances of the surrender or confession.Bribery of the four aspects of the existing problems and disputes, both in theory and practice have not yet formed a consensus, in particular, led to the practice of different standards of the referee, the proposed law-makers can listen to the views of all parties at the same time combined The current situation, as soon as possible on the issue of the above issues the corresponding judicial interpretation, to facilitate compliance with the practice. The definition of "bribery", the connotation of "seeking illegitimate interests" should be further clarified; the scope and meaning of "introduction bribery" accurately grasp, and bribery complicity separate; standard unit bribery behavior and nature of bribery; bribery exposed bribery Although the definition of the nature of the behavior of the judicial interpretation of the provisions, but should also put forward specific operational identification methods to achieve the unity of theory and practice.