A Study On The Judicial Application Of Bribery Crime In China After The 9th Amendment To Criminal Law

Since the 18 th National Congress of the Communist Party of China(CPC),the central government has attached great importance to the struggle against corruption and raised its anti-corruption work to unprecedented heights.In this context,the legislature revised and adopted the "Criminal Law Amendment Nine",of which Article 44 of the bribery criminal law provisions made a major adjustment.In recent years,China's bribery crime treatment effect is obvious,but the corruption situation is still grim,the relevant crime governance also faces many new situations and new problems.As the provisions of the criminal law on the provisions of the constitution of bribery there are some unreasonable,so the practice of the judiciary is difficult to cope with the increasingly complex situation of bribery.For example,there are difficulties in practice for the determination of the "seeking benefits for others",the determination of the scope of bribery,and the grasp of the leniency.Therefore,this paper will proceed from the legislative evolution and current situation of the crime of bribery in our country,with the help of the "Criminal Law Amendment(9th)" and the latest judicial interpretations of the Supreme People's Court and the Supreme People's Procuratorate in order to carry out a thorough study of the knotty problems about crime of bribery in judicial application.And then from the criminal policy,the legislative aspects,the paper tries to analyze the causes of knotty problems in the judicial practice of bribery crime.Finally,this paper proposes recommendations and countermeasures to improve China's bribery criminal law.This paper consists of three parts: preface,body and conclusion.The preface deals with the purpose and significance of the topic research,the status quo of the domestic research on the topic,and the innovation and focus of this paper.The body part falls into four chapters to carry out a specific elaboration: The first chapter introduces the history of bribery legislation and sorts out four stages of the legislative process of bribery.The second chapter analyzes the judicial problems of the bribery crime after the "Ninth Amendment of Criminal Law".The third chapter analyzes the dilemma causes of judicial determination of bribery crime.The fourth chapter puts forward the corresponding countermeasures for the problem.