Research On The Criminal Law Nature Of Information Bribery

The importance of information is self-evident,especially in the current information society,national development and personal progress are inseparable from the acquisition and use of information.The combination of different types of information and various criminal ACTS specified in the specific provisions of the criminal law may lead to various combinations,such as the crime of stealing,spying,buying,illegally providing state secrets and intelligence,the crime of insider trading,leaking internal information,and the crime of violating commercial secrets.However,information is not combined with bribery to constitute a corresponding crime.From the form of the charge,not only our country did not make the corresponding provisions,any country in the world has not developed the information bribery crime this crime.However,from the perspective of the content covered by the crime,many countries,such as the UK,Singapore,the United States,etc.,have expanded the scope of the object of bribery to interests.From the perspective of species relationship,information is of course a kind of interest,and the bribery of information is covered by the scope of bribery crime.Therefore,there is no need for these countries to single out bribery information crimes.On the contrary,the provisions on bribery crime in China are as follows:"in order to seek illegitimate interests,money and property are given to state personnel...."(article 389 of the criminal law)and"...Soliciting money or property from others,or illegally accepting money or property from others..."(article 385 of the criminal law).As can be seen from the specific provisions of China' s criminal law,"property theory" is still adopted in China in terms of the object of bribery.As a non-property information,nature also can not become the object of bribery.This makes our country "criminal law" the bribery crime stipulated in the scope of application of loopholes.Precisely because of this loophole,a variety of contradictions and conflicts have arisen.This paper discusses information bribery in five chapters.The first chapter describes the purpose and significance of the research as well as the content and methods of the research.The second chapter is the introduction of the theory.Firstly,the concepts of information and bribery are introduced,and then the concepts of these two components are combined to get the concept of information bribery.Secondly,it lists the characteristics of information bribery,and points out that information bribery has the characteristics of stronger concealment,greater social harmfulness,difficult to discount or unable to discount,stronger space-time and so on.Finally,the author divides the information protected by the criminal law into information protected by the criminal law and information not protected by the criminal law,so as to point out two forms of information bribery:bribery with information regulated by the criminal law and bribery with information not regulated by the criminal lawThe third chapter introduces two typical cases at first.The first case is that huang guangyu used inside information to bribe each other.The second case is that the director of education bureau bribed the President of a court to win the judgment by using the unpublicized decision.This kind of case not only exists in theory,but also often happens in real life.The fourth chapter expounds the controversy of information bribery in the theoretical circle.The first part is the dispute about the nature of information bribery,that is,whether information bribery can be regarded as a crime.Section 2 and section 3 are the follow-up treatment of the assumption that information bribery constitutes a crime.The second section is about the scope of evidence and the third section is about the sentencing.The fifth chapter is the author's view on the nature of information bribery and discusses the evidence collection and sentencing after the crime.This chapter also includes three sections:the conviction aspect,the evidence aspect and the sentencing aspect.In the aspect of conviction,it is considered that information bribery constitutes bribery crime and bribery crime,which should be included in the crime.In the aspect of obtaining evidence,four main contents of obtaining evidence are stated.In terms of sentencing,the new usage of the old model points out that the court can refer to the interests obtained by criminals through information to impose corresponding penalties.