Study On The Complicated Issues Of Bribery Crime

Bribery crime is a crime committed by all countries in the world,and the reason for it is that bribery and bribery have corroded the state of the body,leading to the decline of the credibility of the government and the destruction of the ruling foundation.Our country is to increase efforts to combat duty strictly,corruption of public officials is gradually institutionalized and normalized,put forward the reform of state supervision system is the important measure for the current anti-corruption situation.In this general trend,it is necessary to clarify the elements of the crime of bribery,especially the elements of behavior and value judgments that bear criminal behavior.On this basis,this paper will deepen the discussion of China's current criminal law "to seek benefits for others" and the amount of bribery provisions in legislation,make it become the crime of bribery behavior to some extent elements,which should be discussed;at the same time,put forward some suggestions on legislation,to clarify the status of to "seek interests for others" and the amount of bribes in bribery crime.The bribery crime in China's criminal legislation,should be attempted crime are recognized,but rare in the judicial practice of our country have attempted bribery judgment,from the perspective of extraterritorial legislation and contrast,unreasonable key analysis does not recognize the crime of bribery and not form.In order to clarify the rationality and necessity of its existence.In addition,because of the crime of bribery is a special crime,for the accused that often rely heavily on confession mode,this single without reliable proof that,in judicial practice,extremely easy to cause the crime of bribery presumption and combat ineffective,this special form of proof in judicial practice of bribery crime is the feasibility and necessity of its existence,in the premise of ensuring the principles of criminal law and the principle of protecting human rights,the introduction of a limited presumption that form and strictly apply,is a necessary choice to conform to the current trend of anti-corruption and the judicial practice.This paper analyzes the above-mentioned problems,the author puts forward some opinions,to deepen theoretical thinking,the confirmation of taking bribery crime point of shallow,error is inevitable,in order to enlighten.