Comparative Analysis Of The Objective Elements Of Bribery Crime In China And South Korea

All over the world,corruption is varying in degree,but no doubt,it is a globally common problem.And corruption and bribery are just the main causes of corruption.The adverse consequences brought about by the corruption issue also show a larger area,broader involvement and greater influence.In recent years,the issue of corruption has always been an important issue for the party and the state in ruling the party and governing the country.It is also a focal point of concern and attention for the people of our country and even the other countries.Since the 18 th National Party Congress,China has cracked down on corruption and bribery crimes.The crime of accepting bribes is even more important.Of course,the effect is quite remarkable.The crime of accepting bribery continues to develop under severe crackdown.The more important reason is that our country's legal system is not perfect enough to allow criminals to take advantage of it.Although China and South Korea are countries with different social systems,due to geographical advantages,the two countries have frequent exchanges from ancient times to the present,and they have a lot of influence in terms of thinking,culture,and life,and South Korea is quite vulnerable to fighting corruption.There are some areas that are worth learning from.Therefore,as the object of research and analysis on the objective elements of accepting bribery crimes,South Korea has its advantages and advantages over other countries.The article is based on the judicial interpretation of the latest bribery crimes promulgated jointly by the Supreme People's Court of China and the Supreme People's Procuratorate.First,the scope of bribery in China is currently limited to property interests,and the horizontal comparison of South Korea and many other countries covers the non-property nature.Therefore,after analyzing the similarities and differences between China and South Korea here and their respective advantages and disadvantages,we finally propose to extend the scope of bribery to non-property benefits in light of China's national conditions.Secondly,as far as the “retrieving benefits for others” is concerned,although China has always said that there is an abolition theory,after understanding the history and causes of the requirements,as well as integrating existing regulations and various opinions of the academic community,it should consider that To retain this requirement,and then to “expect actual or promised benefits for others” in the “interpretation”,“knowing that others have specific requests for support”,“when asked to perform duties,they are not asked for care,but afterwards receive other people's property based on the performance of their duties”,He has done in-depth research and discussion on “recruiting and adjusting for others” and the “relationship with administrative management” in China's latest “emotional investment”.Since South Korea does not have any provisions on this matter,this part mainly focuses on the understanding of China's new regulations and actively affirms the necessity and importance of China's “emotional investment” regulations.This will surely be a crackdown on bribery crimes.New weapon.In the end,it compares the similarities and differences between China and South Korea in the recognition of mediation and bribery.The difference is that although the interpretation of “good offices” is different but the connotations are similar,the difference lies mainly in two points: one is the object requested or accepted by mediators.Another point is the effect of mediation.Our country provides that the mediators request or accept the object as property,and the Korean regulations cover other interests.In this regard alone,South Korean regulations are more conducive to crime and crime.In addition,in the mediation of bribery crimes in our country,it is required that mediators seek benefits for the trustee,while South Korea and this provision show that our country has higher requirements for mediating bribery crimes.In the judicial practice,our country meets many difficulties that require not to be found guilty or to be exonerated because it does not comply with the provisions on mediating bribery crimes,mostly because the above provisions cannot adapt to the current situation in China.Therefore,this adjustment is imperative.The writing idea of the article is based on China's regulations and the status quo.It uses South Korea as a comparison object,analyzes the causes and effects by taking stock of the similarities and differences,takes its essence and dross,and finally provides more for China's better efforts to crack down on bribery crimes.Ideas and better methods.