Research About The Basic Problems Of Bribery Crime Without Changes In Ownership

Corruption is the common phenomenon in the whole world in recent years.Corruption is a criminal behavior recognized universally since it has deep and negative influence on the political stability,economic development and social justice.In recent years,with the rapid development of economy and society,new situations and disputes arise in bribery crime as well.The methods and ways of accepting bribery update from time to time,from directly to indirectly,from ownership to right to use,distinguished from the traditional transaction between money and power.In practice,the person who accepting bribery is not going to make the change on ownership in civil law in order to cover the criminal behavior after he accepting the items like house and vehicle.Even though the items are under the control of the person,the man denies his mensrea of unlawful possession by cause of borrowing.However,one thing we need to pay much attention to is that once the person accepting real estate like house and vehicle,the subject matter involved in the case is huge and the social harmfulness is severe as well.As a result,this article focuses on the special form of expression of corruption--the difficult problems of bribery crime without changes in ownership and analyzes the related difficult problems from theory.This article could be divided into four chapters.Chapter One is about the subjective matters of bribery crime without changes in ownership.The first section makes a statement about the subjective sense of bribery crime in a general way.Introduce from the theory of direct intention and indirect intention,analyze three levels of subjective intention.The second section makes a statement about the purpose of illegal occupation.Describe it from the basic concept and the meaning of establishment.The thirdsection makes a statement about the difference between borrow and occupation.Analyze it from three levels and explains the related reasons.Chapter Two is about objective matters of bribery crime without changes in ownership.The first section is about how to recognize the usage of convenience in position.There are two key points of disputes about “the usage of convenience in position”in theory: First is about whether “the usage of convenience in position”limited to the convenience resulted from his own position,or also includes the usage of “a third party”;Second is about whether “the usage of convenience in position” includes the convenience of past and future.The second section clearly clarifies the conduct of possession.“Possession”is a pretty significant concept in Property Law and appears frequently in the laws and regulations in criminal law since many articles in criminal law set up for the purpose of protecting the property order built up by civil law.This paper analyzes three specific types of “Possession”: as condition,as conduct and as purpose.Illustrate the concept from the theory of criminal law and compared with the similar one in civil law.Analyze the separation situation between the condition of possession and ownership in bribery crime without changes in ownership.The third section makes a statement that the conduct of making the change of ownership belongs to the juristical act of real right in essence.Real right is absolute right and has the characteristic of exclusive and against anyone.As a result,the effective time of the change of ownership should accord to the accurate time of the registration after checking by the national registration authority.The theory of forms of illegality is introduced subsequently.Even though the failure of making the change of ownership does not have legal effect in civil law,it in deed harms the object protected by criminal law.Chapter Three is about the standards of accomplished offense and attempted offense in bribery crime without changes in ownership.The first section generally clarifies the accomplished offense and attempted offense in bribery crime from two aspects: Positive Theory and Distinguished Theory.The situation of attempted offense exists in bribery crime without any doubt.Then the only standard should be accepting others' property when judging the status of accomplished offense or attempted offense rather than the fact of seeking profit for a third person.While in practice,this paper explains from two aspects: return of the accepted property promptly and the investigation process.The second section makes a statement about the accomplished offense and the attempted offense in the specific bribery crime without changes in ownership.According to the regulations of property law,the change of real estate should come into effect only when the registration is done and only by this way could it against any other person.On the contrary,criminal law pays more attention to the objective reality and the protected purpose.When dealing with the cases of bribery crime without changes in ownership,the criminal law will focus on the nature of transaction between money and power.The third section explains the recognition in practice.And make a detailed description about the difficulties and solutions.Chapter Four is about the recognition of amount in bribery crime without changes in ownership.From the classification of all the crimes contained in the criminal law in China,bribery belongs to the series of misapplication of national power.The judicial interpretation in 2016 explains about setting up a judgment system consisted of circumstances and amounts.When we talk about the calculation of the amounts,there are three timelines in details: the timeline of the briber buying the house,the timeline of the bribee accepting the house,the case discovered by the police.From my point of view,the timeline of the bribee accepting the house should be the accurate time to recognize the amounts because of the mutual consent at that time.