Review And Reconstruction Of The Theory Of The Object Of Crime Of Accepting Bribes

Since the Eighteenth Congress of the Communist Party of China,the blow for bribery crime will become more and more strict.But,our country at present bribery legislation and the judicial still exist many problems;these problems are rooted in criminal law educational world for taking bribes the limitations of the theory and practice field in our country.In light of the important position of object in the bribery crime and its important influence on bribery legislation and the judicial,write this article.Articles in addition to the preface and epilogue,is divided into bribery crime object theory of examine,bribery crime object theory,under the "post" the perfection of the justice of taking bribes,taking bribes and regulation concept transformation of four parts,the full text of over 34000 words.The first part of bribery crime object theory review,the main object of bribery crime in the traditional criminal law theory of point of view,examining and traditional point of view put forward theoretical system in theory there is a lack of self consistent,confusing the crime income and criminal object,three aspects misunderstandings on crime.Resulting from the point of view is analyzed and taking bribes positioning in legislation and punishment amount on congenital deficiency and the judicial gets spoils warrant the realistic predicament of imbalances in the day after tomorrow.The second part of bribery crime object theory,mainly is the object of bribery crime theory,on the national staff taking bribes crime is the behavior of the object's point of view,based on the proposed public officer position in true the object of crime of accepting bribes.Third part under the "post" the justice of bribery,mainly elaborated under the "post",bribery in the position in bribery,it is concluded that bribery in bribery crime constitutes a system without position,only crime was the necessary legal content,is the bribery crime,at the same time under the specific interpretation of the "post" judicial bribery should be how to,think that bribery is a kind of behavior,behavior it constitutes a crime,and puts forward the plot will reflect the bribery crime constitutive factors as bribery in the judicial practice the plot of sentencing standards.The fourth part of the perfection of bribery and regulation concept transformation,mainly for the perfection of bribery and the transformation of the concept of regulation is discussed.Main content is on the premise of "position",through the analysis of the nature of sexual bribery trading thought represented by "sex bribe" non-material bribery crime also ought to be punished,criminal law and regulations also believes the existing both in legislation and judicial for taking bribes on the concept of cognitive error,failure to face up to the trading nature of the bribery,called for legislation and the judicial idea transformation,positioned correctly for taking bribes.For taking bribes are ideological cognition errors,failure to face up to the trading nature of the bribery,called for legislation and the judicial idea transformation,positioned correctly for taking bribes.