This Paper Introduces Some Research On The Application Of Bribery Crime

Bribery crime is an important part of the crime of corruption and bribery.In judicial practice,there are various ways to apply the crime,especially how to distinguish it from the accomplice of bribery and accepting bribes.There is no unified standard.Due to the inaccuracy of the applicable charges,felony misdemeanor sentences and misdemeanor misdemeanor sentences often occur,which are contrary to the original intention of the establishment of the crime.The purpose of the introduction of bribery crime is that compared with bribery,its behavior is less harmful to the society and subjective evil,and it should be set a lighter punishment,which is also required by the principle of culpability and punishment in criminal law.But because available chaos in practice,many scholars believe that the existence of the charges will only indulge crime,especially will become the source of judicial corruption,so the charges of problem becomes one of the topics discussed criminal law circles,is abolished bribery,bribery will be introduced according to its different case,respectively,according to the accomplice of bribery and corruption;Or on the basis of retaining the introduction of bribery crime,the crime will be further improved,so that it and bribery crime accomplice to make a clear distinction.The author believes that the introduction of bribery crime in the criminal composition,its establishment is not to profit for the purpose of the actor;Introduction bribery crime has its independent crime of value,in essence,the introduction of bribery crime is not an accomplice of bribery or bribery crime;The key to introducing the boundary between bribery crime and mediation bribery behavior is whether the actor USES his power and whether the power and the other party form the relationship of power restriction.The key to introducing the boundary between bribery crime and bribe-taking with influence is whether the actor USES the position influence of the state functionary who is close to him or not.In the act of intercepting bribes,there is no possibility for the crime of embezzlement to be established under the circumstances of payment for illegal reasons;If the doer deliberately raises the bargaining chip of bribery transaction when communicating with the bribe-bribing party or deliberately reports a low amount of bribe money when transferring the remittance with the bribe-bribing party,and thus obtains illegal interests,it shall be evaluated as the crime of introducing bribery and fraud,and be punished for several crimes simultaneously.Finally,the author is in favor of introducing bribery crime should be retained,and the crime from the definition of objective elements to eliminate the restrictions on the object of crime to improve the statutory penalty increase unit as the main body of the crime to increase the number of state public officials from the heavy punishment and other aspects of legislative proposals.