Judicial Confirmation Of The Objective Aspects Of Bribes

As a global issue,corruption has been severely punished by the rulers of all ages.As one of the most serious corruption crimes,the bribery crime not only destroys the social atmosphere,but also endangers the state power.The attack on bribery crimes is a popular aspiration.However,at present,China's criminal law still has many imperfections in the legislation on accepting bribes,which leads to the fact that there are no uniform standards for the new issues involving bribery crimes in judicial practice.Judicial practice has brought great difficulties.Moreover,due to the continuous development of the society,many new forms have also emerged in the objective aspects of bribery crimes,which has made it more difficult for judicial determination of the crime.Therefore,in order to more accurately identify the crime and increase the operability of the crime,it is necessary to conduct an in-depth study of the crime.This article starts from the objective aspects of bribery crimes,and analyzes several controversial issues in the determination of judicial practice in the objective aspects of bribery crimes in conjunction with relevant typical cases,and puts forward some of their own opinions.There are three aspects to the writing of judicial recognition of the objective aspects of bribery crime.The first part is the analysis of the elements of "use of position convenience" in bribery offences.This section starts with the relevant typical cases and analyzes the related problems existing in the judicial determination through the use of positional convenience.Based on the understanding,it settled on the identification of the requirements.This part of the "use of the convenience of the position" understanding,starting from the understanding of its concept,and then analyze the nature of how,the standard of identification and the common use of the situation in practice to take advantage of the convenience of the situation,but also The requirements should be distinguished from several common types of behaviors that are easily confused with them.Through the analysis of the above-mentioned sections,the requirements can be properly understood.The second part is the analysis of the requirements for the benefit of others.This section starts with the relevant typical cases,analyzes the problems that exist in the identification of the requirements,and then proceeds from the nature of the requirements and introduces theoretically the nature of the requirements.Several controversial views,and analyzed the issue of judicial identification of this element.The author's determination of “seeking benefits for others” was first introduced by the author to several different understandings of the requirements in the theoretical community,and putforward the views he supported,namely,the new objective requirements.Then,under the premise of The requirements are analyzed and confirmed.The third part is the analysis of the criminal object of bribery crime.Bribery is the criminal object of bribery crime.The scope of bribery is regulated by the law as property,but only narrowly defined property obviously limits the scope too narrowly,which is not conducive to cracking down on bribery crimes..Theoretically speaking,there are two viewpoints of property interests and interests.The author tends to adopt the viewpoint of interests,but in order not to violate the requirements of the principle of legally prescribed punishments for crimes,it should be determined from the viewpoint of property interests.It is also the structure of the previous two sections.Starting from the relevant typical cases,it analyzes the controversial focus of the criminal target of bribery crimes,and then analyzes the relevant theories.