Research On “Emotional Investment” Bribery

“Emotional investment” bribery refers to a new kind of taking bribes behavior in the name of human contact.Frequently seen this type of bribery criminal regulation faces legislative obstacles and judicial predicament,which not only is the people's talk but also the judicial workers' challenge.while further to say,it is a hot theoretical research.The paper consists of three chapters,and the clues are as follows: First,I define the connotation of “Emotional investment” bribery before putting forward problems by studying the relevant provisions and judicial cases.Then list and analyze some typical theories in the next part of this article,and on the basis of these,I value and criticize suggestions mentioned to penalize the behavior futher.Finally,I try to solve relative problems by co-opting opinions and judicial experience appropriately.The first section of the primary chapter,I define what “Emotional investment” bribery means,describe its relationship with similar concepts.And demonstrate the necessity of taking bribes of “emotional investment” from the view of criminal policy,comparative law and the perspective of the internationalized tendency.The elements “securing benefit for another” and “taking advantage of the convenience of position ” of the crime of bribery block the penalty to “Emotional investment” bribery.In addition,the justice's attitude to the similar truth varies widely from different judicial authorities.The punishment of this kind of bribery faces with legislative problems and judicial chaos.In the second chapter,I criticize advice related legislation and criminal justice for the fore-mentioned problems.Concerning how to overcome the obstacles,there are five ways from the standpoint of legislation and interpretation respectively.The former includes setting a new accusal and amending the elements of the crime of bribery,the latter involves exclusively convicting doer of the crime of bribery and exclusively punishing doer with crime of corruption or alternating the two accusals.Neither amending criminal law nor interpreting regulations.There are several views to decide the association between property and position,but its rationality and scientificalness need to be examined.Consequently,the breakthrough is to re-interpret the elements of the crime of bribery.The conclusions to solve these problems which mentioned in the previous article would be reached the last part.Interpretation of the crime of bribery should ground on the essential associate property with position.The range of “position” on briber was in “taking advantage of position” would better be analyzed by “the theory of actual powers”,and its core is powerful influence.The objective element “securing benefit for another” of the crime of bribery refers to that to promise to secure or seek benefit for another actually.These elements perform a role illustrating association between property and position,the former functions in general,the latter restricts the association in specific power-using behavior with property.The factors used to decide association between property and position should better be distributed in the judge of those two constitutive elements.To convict somebody of bribery or not,it is vital to focus on how to decide “the possibility influence of the function of power”.The criterion of judging association is generally normal of social contact.Only by combining the two elements “taking advantage of position” and “securing benefit for another” of the crime of bribery,can we accurately identify the consideration relationship of “emotional investment” bribery.