An Empirical Study On The Qualitative Characterization Of Introducing Bribery

Around the introduction of the definition of bribery,the main problem is how to divide the accomplice behavior of bribery and bribery.In theory,many scholars put forward their own different viewpoints,mainly subjective,objective and subjective and objective.However,none of them put forward a more specific point of view on which behavior should be included in the criminal law evaluation introducing bribery crimes,and did not analyze and demonstrate the nature of bribery,and introduce bribery as an intervention and bribery.Helping behavior is different from general accomplice behavior.In addition,the issue of qualitative introduction of bribery in judicial practice is different from theoretical controversy.The main problems include three aspects: First,the subjective purpose of introducing bribers to introduce bribery is different,and the judiciary often associates with bribers.It is confused with the subjective object of the briber;the second is to introduce bribery in addition to establishing the relationship between the bribery and the bribery.In the process of introducing bribes,other major behaviors are transferred,that is,the transfer of property,bribery,collection of benefits,and bribery.Or the bribery fund involves four kinds of behaviors.The judiciary has different opinions on the introduction of bribery,and whether the four types of behaviors are different from the introduction of bribery.The third is that the main body of bribery crime is the general subject,but because of the introduction The role of people in bribery is often familiar with bribers and bribers,even close relatives or close relatives,and some of them are state workers.The special nature of the subject also affects the introduction of bribery.Qualitative.These problems all affect the introduction of the quasi-determinism of bribery and the confusion of the application of the crime,which leads to the phenomenon of the same sentence.There are many reasons for introducing the qualitative confusion of bribery in trial practice.Firstly,it is the coincidence of the elements of crime.The introduction of bribery crime and bribery crime and bribery crime are highly coincident,which is manifested in introducing the subjective aspect and objective of bribery.The coincidence of behavior and behavioral subjects leads to the incomparable distinction between the introduction of bribery and the crime of bribery and bribery.Secondly,when introducing the issue of bribery and the crime of bribery and bribery,there is a considerable overlap.Acts as an introduction to the practice of bribery,its criminal lawstipulates that the description of the crime is too general and simple,and with the development of social development and related bribery crimes,the introduction of bribery since the 1979 sin of criminal legislation and There has been little change in criminal justice,and there is a certain lag in the criminal law.Again,it is a question of introducing the bribery itself.From the academic point of view: First,the introduction of behavior is limited to communication and matching behavior and information,introducing bribery.Behavior has the same interpretation in theory,it appears in practice The extension behavior,some courts will have different identification;the second is to introduce bribery behavior attached to bribery crimes,then the introduction of bribery will inevitably be intertwined with bribery and bribery,and multiple acts jointly promote the realization of bribery crimes It is more difficult to clarify the role and causal relationship of bribery in bribery crimes.How to solve the above difficulties in describing the qualitative nature of bribery is to introduce the accomplice behavior of bribery,bribery and bribery,and accurately apply bribery.Through the analysis of the collected cases and the combination of theoretical speculation,the legislative intent to introduce bribery should be given a separate punishment for the lighter help behavior of the parties involved in bribery,from the explicit introduction of the subjective independence of the person,whether to use the country The duties of the staff are divided into three types: the introduction of bribery,the type of analysis of the extended behavior,and the appropriate extension of the scope of the introduction of bribery.