The Research Of The Bribery Criminal Types Of Criminal Law Of China

In the criminal law system of our country,the bribery crime were set up in the third and eighth chapter.For example,the non national staff of bribery,bribery,using influence of bribery and unit bribery.Among them,the non national staff of bribery is undermining the order of financial management in the third chapter fourth section in criminal law;and in the eighth chapter,there are three crime provisions: the bribery,the unit bribery crime and influence-using bribery.In recent years,with the objective requirements of the criminal policy and the practical needs of the social environment,the judicial organs to combat bribery crime has been increasing trend.At the same time,there are a lot of ambiguity in the judicial identification,resulting in the plight of the application of law.The root cause of the problem lies in the crime of accepting bribes.First,the standard of dividing the crime is relatively simple,which can not reflect the difference between the different modes of behavior and the degree of application of law.From the perspective of legislation system of bribery crime,there is some room for improvement.This paper is divided into four parts.Chapter I has two parts.First of all,the concept of bribery crime and the elements of construction of the bribery crime was discussed.Secondly,to study and clarify the basic idea of system construction and the and future trends of bribery crime,it is essential to learn the changes and evolution of the bribery crime regulations,also the criminal law amendment and the judicial interpretation of criminal legislation.Chapter II basically compares and analyzes the current situation of legislation of bribery crime in our country and the extraterritorial legislation,discussing the advantages and disadvantages of various legislative patterns of bribery crime.It basically focuses on Germany,Japan and Hong Kong law under the common law system.In addition,this chapter also discusses the relevant contents of the United Nations Convention against corruption,as China's bribery legislation comparison and reference.By comparing with foreign legislation,the author found that Chinese bribery crime is relatively thin,the logical relationship between the crime and the overall coordination degree is slightly wrong,and it is difficult to reflect the different severity of bribery behavior.Chapter III makes analysis of the existing system of crime from the perspective of macro system and micro crime into two aspects.First,at the macro point of view,this article mainly from the nature of behavior and the comparison of foreign legislation of the crime of bribery,and criminal law in the horizontal comparison with other similar group crime legislation pattern three aspects,analyzes the defects and deficiency of the existing system of the crime of bribery crime,the crime of bribery in China has a single division standard system of charges and charges the narrow coverage problem.In addition,this paper argues that,from the constitutive elements of the crime of bribery,the development of a more detailed system of crime of bribery crime is more in line with the reality of criminal theory and criminal justice.Secondly,from the point of view of micro crime,this paper discusses four kinds of special behavior types,such as mediate bribery,Prior bribery,Post bribery and influence-using bribery.This paper argues that it is essential to independent these bribe behaviors into new provisions,which accords with the principle of suiting punishment to crime,and consistent with the inherent requirements of the provisions of the criminal law system,according to the spirit of the legislation of China's criminal law and the reality.The final chapter mainly discusses how to improve the existing system of bribery crime.Taking the two legislative models of the existing criminal law text as an example,the single pattern of accusation and the complex pattern of accusation have their own characteristics,advantages and disadvantages.Considering the future of the criminal law may adjust the content and scope,to inherit existing compound legislative mode,apparently with the crime of bribery is more fit.In the light of the complex legislation mode,this paper gives a personal view on how to join and adjust the charges.First of all,this paper thinks that we should form the new system of bribery charges on the basis of the independent mediation of bribery,adding the prior bribery and post bribery.In this paper,the system of bribery charges has been divided into several levels,in order to make the logic of bribery crime more clear.