A Study On The Scope Of Bribery Crime Of Bribery

Bribery has always been the focus of China's criminal law,which corrupts the integrity of the duties of public officials in China,breaking the fair and just socialist law,but also has a strong concealm ent,has always been the focus of the jud iciary to combat.The rapid developm ent of market economy,real life is m ore complex and changeable,in order to avoid the leg al sanctions,criminals often use more deceptive way to implement bribery.Bribery from the initial money,property development for the relief of debt,dummy claim s,free decoration,free travel.There are now m ore subtle means to implement bribery,such as the opportunity to provide employment,job promotion opportunities,opportunities to go abroad,awarded the honorary title,to provide sexual services and so on.China' s criminal law still stick to the property interests of the scope of bribery,apparently has been unable to meet the reality of the need to combat bribery,urgent need to improve the legislation.China' s accession to the United Nations Convention against Corru ption is in line with international standards in the fight agains t corruption,and our crim inal law is ur gently needed to meet the need for international cooperation in combating bribery.This article first from the Zhijun Liu case leads to the concept of bribery,characteristics,classification,the basi c situation of bribery has a simple understanding.In the analysis of the concept of bribery,the bribery of the history of the development of a review,bribery has a long history of crime,since ancient times has always been the focus of the ruling cl ass.From the Spring and Autumn and the Warring States period,"five flaws" to the T ang Dynasty six stolen char ges.At the beginning of the founding of the country did not provide a separate bribery crime,but its provisions for the crime of corruption,the 1979 criminal law will be bribery crime from the crim e of independence,b ribery for the property.Since then,the judic ial interpretation of 2007 has expanded the scope of bribery to property interests.The characteristics of bribery include the close relationship with the job,the specificity of the bribe object,the bribery can meet a certain needs of people and bribes and duties have a price.According to a broad understa nding,bribery is esse ntially an interest transmission,can be divided into help-t ype interests,"emotional" interests,information-based interests,alternative interests,rights-based interests.The third part analyzes and discusses the three views of the theo ry on the non-ferrous property interests,the property that property interests,the interests of that or need to say.The scope of the propert y is limited to money and property,and the property interests are said that the scope of bribery is extended to the point where it can be measured by money,and the interest or interest is said that the scope of bribery includes not only property and property inte rests,but also Can not be m easured by money non-property interests.This paper analyzes the concep t,the present situation,the necessity and feasibility of the crim inal law regulation,and puts forward som e legal suggestions on how to regulate the bribery crime in China.The third p art analyzes the necessity of the scope of bribery to non-property interests and the dilemma faced by it.It analyzes and expounds the three viewpoints of property theory,property theory,property interest theory and interest theory.The scope of property that is lim ited to m oney and property,property interests that advocate the scope of the bribery can be ex tended to measure property interests in money,need to say o r interest that bribes not only include property and property interests,but also can not use money Measure of non-property interests.The fourth part puts forw ard the legal conception of perfecting our country' s criminal legislation and expanding the scope of bribery,and analyzes the provisions of the civil law system and the Anglo-American law system and the criminal law of Hong Kong,Macao and Taiwan.Put forward the scope of moderate ex pansion of bribery,in the form of judicial interpretation of the legal connotations of non-property interests to be limited,cancel a single "conviction" conviction sentencing mode.