| Bribery,as a serious socially harmful crime,not only seriously tarnishes our fair and just social atmosphere,but also induces national public officials to step into the abyss of corruption crimes step by step.Compared with bribery crimes,bribery crimes are more fundamental and fundamental,and their social harm is even less to be underestimated.If we can not effectively crack down on bribery crimes,it will seriously hinder the in-depth development of anti-corruption work and the long-term construction of government credibility.It is also because of the great harm caused by bribery,whether the front line staff of the judiciary or the scholars and professors of criminal law scholars pay enough attention to the crime of bribery,and conduct in-depth research on it in teaching and research and judicial practice.Up to now,many problems and controversies in the legislation,judicial and interpretation of bribery crimes have produced many constructive research results,which laid a profound theoretical foundation for the further exploration and improvement of bribery crime governance and provided a powerful Intellectual support.It can be said that based on the academic research and judicial practice of the predecessors,in order to integrate the existing research results,the relevant legislative,judicial and academic explanations of the legal effects are raised to the legislative level through due process,and the bribery legislation is strengthened.The timing of the debate on the rigidity and stability of the relevant theory and practice has matured.Based on this,on the further improvement of the governance of bribery crimes,on the basis of the previous researches on the specific controversy of bribery crimes,the author puts forward the bold idea of reconstructing the elements of bribery crimes from the whole,from the social status quo and the rule of law development.Starting,in line with the social evolution,based on the effective solution of the actual problem,in order to provide a solution to the judicial practice of bribery crime.First of all,the article discusses the preconditions for the reconstruction of the elements of bribery.It demonstrates the necessity from the practical effects of the law,the corresponding legislation and the need of legal interpretation.It further explores the possibility of reconstructing the constituent elements,which is mainly reflected in the provision of institutional conditions in the current law-making system.The need for intellectual support and judicial practice has spurred three aspects of drivingpower.Secondly,on the basis of demonstrating the necessity and possibility of the reconstruction of the elements of bribery,the principle of rebuilding the elements of bribery is proposed.The legal protection is the core,the service practice is the direction,and the theoretical results are based.Take foreign legislation as a reference.Emphasizing the reconstruction of the elements of the crime of bribery must be closely related to these four principles in order to truly realize the original intention of its reconstruction.Finally,on the basis of satisfying the preconditions of the reconstruction of the requirements and the basic principles of the reconstruction of the requirements,the paper further explores the way to reconstruct the components and proposes a specific method of component reconstruction.It is pointed out that the key point of the reconstruction of the elements lies in the three major controversial points,namely,the choice of "unfair benefits",the legal boundary of "property" and the problem of bribery;the proposal to cancel the "unfair advantage" and As a sentencing plot to consider;use "unfair advantage" to replace the "property" elements;establish the "amount + plot" double conviction and sentencing standards;the bribery behavior is clearly divided according to its development stage,the daily payment of the property in the daily life The proposed behavior and the promised behavior are included in the adjustment of the bribery offence. |
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