Empirical Analysis On Legal Application Of Introducing Bribe Crime

The crime of introducing bribery is the basic type of corruption and bribery crimes,but the application of this crime in judicial practice has always been marginalized,the situation is very embarrassing.In the application of law,bribery crime is easily confused with the help of bribery.Under the current high pressure of anti-corruption policy,a large part of the introduction of bribery will be considered by the judge as a helping behavior of bribery and taking bribes in judicial practice.The standards of conviction that are not consistent with the crime have severely eroded judicial justice.In addition,the crime of introducing bribery is often associated with the use of influence to take bribes and the crime of mediatory-bribe,which leads to the low application of bribery crime and applicable chaos in judicial practice and absence or inadequacy of judgment reason in introducing bribe cases.Finally,there are different legal phenomena in the same case.Therefore,defining the crime of introducing bribery clearly and typing constitutive requirements possess important theoretical significance and practical value in strict distinction between relevant crime boundaries.The author takes the system case of Chinese referee website for nearly five years as the analysis sample,combining with the actual situation of the application of the crime in judicial practice and describing objectively the current situation of the application of bribery law,some typical cases are extracted for typing analysis.Each type introducing bribery crime expression form in judicial practice has carried on the systematic analysis induction as far as possible.By making a specific analysis on the crime of introducing bribery according to the legal application standard of the judge in judicial practice and demonstrating the problems and causes of bribery crime in the application of law,the author finally puts forward feasible and achievable countermeasures.The paper is divided into four parts:The first part is the introduction,it explains the research backgroundand significance of bribery crime respectively,describing the research methods and means used in this paper briefly.And this paper has a comprehensive research overview focusing on the legislation evolution of the introduction of bribery crime.The second part describes the application of bribery crime.The typical cases of several types are selected in the numerous cases collected and the typed analysis is carried out.The author elaborates the application of the law of bribery crime from the general offense,constituting this crime and forming other crimes.The third part analyzes and discusses the problems and causes in the application of bribery crime.In the analysis of the typical cases of bribery crime.There are four prominent problems found in the application of law in the introduction of bribery crime: different legal phenomena in the same case,law application of the crime,applicable chaos in judicial practice and absence or inadequacy of judgment reason in introducing bribe cases.The author analyzes the reasons of the problems from the two aspects of law and fact.The fourth part puts forward the concrete and feasible countermeasures to the problems in the application of bribery crime.The author launches the question mainly from two aspects: the conviction and the sentencing,to propose the relative standardization application measure.Finally,the paper makes a definition and distinction on several concepts: introduction,help of bribery crime,mediatory behavior and others.