Problems In The Judicial Determination Of The Crime Of Offering Bribes

Bribery crime,not only to disrupt the normal market competition order,but also directly against the country's clean government,the harm to the judicial environment of social justice.China's criminal law and the relevant judicial interpretation of the provisions of the crime of bribery,reflecting the importance of the punishment of bribery.However,the subjective purpose of qualitative,about bribery and personal bribes to seek illegitimate interests of the bribery,how to identify the "property" range,bribery and related bribery crime determination problem,there has been much controversy.In recent years,bribery crime presents some new features,such as bribery,bribery is more diverse content is no longer limited(tend to be more traditional property interest and non property interests),put forward new challenges for the existing criminal law provisions.In this paper,the above issues are discussed and studied.In addition to the introduction and conclusion,this paper is divided into three parts:The first part,analysis of the existing problems of the subject of the crime of bribery,focusing on the main crime of bribery by natural person and unit,through comparative analysis of different theories,and then analyzes the crime of bribery and bribery in practice how to grasp the definition of the standard.And put forward the point of view,the distinction between the crime of bribery and the definition of the unit should be defined in terms of the will,the end of the illegal income of two aspects to grasp.The second part,analysis the subjective aspects of the existence of the crime of bribery,according to the existing provisions of the criminal law and the two Supreme Court "interpretation of several issues concerning the specific application of law in the handling of bribery criminal case"(January 1,2013 Implementation)the provisions of article twelfth,retroactive legislative intent,combined with the different theoretical perspectives,And put forward personal views: "illegitimate interests" should include the illegal interests,program unfair interests i.e.uncertain interests;at the same time the author also chose the existence of judicial cognizance problems in the analysis,put forward the personal view: "economic exchanges in the bribery" not to seek illegitimate interests for elements,when their is "uncertain interests" should be recognized as general is to seek illegitimate interests,"reasonable" is generally not recognized as "to seek illegitimate interests".In addition,the author also on "to seek illegitimate interests" elements of the abolition of the deposit and made a shallow discussion,the author combined with the current anti-corruption situation and the object of the crime of bribery to analyze,the abolition of the view.The third part,the objective aspect of the crime of bribery.The first section,the provisions of article three hundred and eighty-nine "criminal law" has carried on the system analysis of the scope of "property" and the content in the current criminal law,the content of bribery is limited to the narrow property.Because of the degree of social harm the interests of non property bribery based on the damage as much as the property interests and the current grim situation of China's urgent need to establish the office clean image,this should be included in the scope of bribery of non property interests.The second section,according to the qualitative behavior of middleman bribery reality and help forward bribes of doubt,the author discusses the difference between relations,accomplice and bribery bribery crime,and discusses the bribery behavior whether including bribes or accepting bribes to help the problem.The Third section,The author analyzes the problem of how to determine the nature of the behavior of the middle man who Intercepts bribes.