Analysis On The Problem Of The New Type Of Bribery Crime And Its Legislative Perfection

The Supreme People's court and the Supreme People's Procuratorate issued "on the handling of some issues of applicable law in criminal cases of bribery opinions" on 2007,to carry out the provisions of the new crime,but after all,the "opinions" in the article is limited,cannot be the reality of all crimes are listed included,these should be the development of the situation of new type of bribery way the law has gradually become the "Bunker" bribery,to the judicial practice investigation and case breakthrough has brought many difficult legal issues identified.This paper attempts to define the concept of new bribery crime,and expounds its basic features,because of its hidden nature of a greater social harm.Analysis of transactional bribery,performanceshares bribery,bribery,the actual possession of the actual possession problems of bribery,CO investment type of bribery,bribery of entrust financial,a salaried bribery finds new bribery crime.Identified so that behavior of the new crime of bribery should be grasped from the three aspects of the conclusions: first,unity of subjective cognition and behavior causal;second,through the civil legal nature of their behavior seems to expose the illegal transfer of benefits;third,the amount that a reasonable and cautious sentencing.Facing the defects of judicial practice and judicial interpretation of the dilemma,put forward three proposals: first,refine the relevant legal provisions and judicial interpretations,such as the abolition of the elements of the crime of bribery "to seek benefits for others" and other restrictive provisions;to further expand the scope of "bribery",including non property interests;bribery crime "as the elements of crime to seek illegitimate interests".Second,improve the behavior of the new crime of bribery penalty standards;third,clear definition of the new crime of bribery crime.