Objective Aspects Of Bribery Crime

"The punishment of corruption Ordinance(1954.4.21)second provisions after the announcement,the crime of bribery crime of corruption as one of the contents of confusion to be provided,the provisions of article 185 th of criminal law two session of the five National People’s Congress enacted after the announcement of the crime for the first time in legislative form,and in December 11,1997 385 th to improve the criminal law." the crime of bribery,bribery crime has been so far,a comprehensive specification in "criminal law",which has been applied to this content has not changed.But in the community along the way,the bribery crime appeared some new problems in the objective aspect,the legal operation,judicial cognizance and many other In addition,it has become more and more difficult to improve the challenges,increase the intensity and speed up the process of bribery crime in the objective aspects of research and discussion,and actively improve the relevant legislation,and correctly guide the rule of law practice,it is more urgent and crucial.In this paper,the author takes the objective aspect of the crime as a guide to the three elements for the specific research areas,for specific problems concerns each link,the focus in dispute are discussed and research,through exploration and put forward personal suggestions and opinions,and in the objective aspect of bribery crime legislation issues described a personal idea.Is the beginning of research and thinking of "taking advantage of post".In the "post",for a bribe before to engage in a public charge also should not be identified as the crime of bribery,also cannot use the expanded interpretation method,the bribery legislation should be in the way of crime increase.The new charges of bribery.In the pre "convenience",the author believes that the emphasis should be reflected in national staff to dispose of items,management of agency.The expression of the text in the 382 nd of criminal law and the crime of corruption in the objective elements of the "same by taking advantage of his position" compared to two in the implementation of acts of infringement of legal interests,have different means of crime of bribery.Secondly in the collection of property-soliciting or accepting "research and thinking elements,mainly on the" extort bribery "," accepting bribery "," mediation bribery bribery "three types of in-depth study,such as:" the request type "in that the repeated bribes bribery,No need to bribe each reaches a certain amount,as long as there are many plot,on the subject of crime,objective,the three aspects of object two crime and distinction.In "to blackmail and impose exactions on accepting bribery",on bribery afterwards beforehand,research and discussion,from accepting property behavior,no matter before and after.No influence on the nature of accepting property.About sexual bribery,bribery crime is such intense discussion,the author from the bribery case,evidence,discussed three aspects of sentencing,the criminal law is not suitable for the given point of view the sexual bribery crime.In "mediation bribery",through the the elements of the same subject Comparison of bribery,and from many aspects of difference of influence using bribery,introducing bribe crime,crime of bribery complicity.Finally it is a research and Reflection on the elements of "bribery object property".First,property is a form of bribery,its essence is the unfair compensation benefits;second,introduced today the scope of property law theory at the same time we argue,and insist on their theory basis,on the jurisprudence of interests that are increasingly demanding,but I believe that this view is obviously beyond "property" category,and there is evidence difficult,not easy to be quantified,a series of problems such as difficult operation;third "property,explore fan The definition of "Wai in the law,and the non property interests of the bribery crime,nature and conform to the bribery crime from criminalization,comply with the legislative trend,reflected the punishment of prisoners in our country to fulfill its international obligations under the Convention,China’s anti-corruption work needs four aspects elaborated the reason.Fourth,support to non property interests bribery crime,and put forward personal suggestions in legislation: first,broaden the scope of bribery as "property or interests";second,through the relevant effects caused to the society and the related degree of government work injury,reasonable consideration of sentencing."Seek interests for others" according to the existing standard elements included in the subjective conditions more appropriate,do not and discuss specific research in this paper.