Research On Related Problems Of Bribery Emotional Investment Type

The concept of emotional investment bribery is currently controversialin China.The main focus of the controversy is whether the identification ofemotional investment requires the State functionaries to make profit.Atpresent,from the perspective of the provisions of judicial interpretation,thelegislative organs of our country mainly approve the viewpoint that theessential condition of making profit for others exists.This view can onlyregulate part of emotional investment bribery because of the restriction ofthe constituent elements,and can not fundamentally solve such problems.The author believes that the main characteristic of emotional investmentbribery is that there is no specific entrustment.The specific entrustment isthe basis of identifying the elements of making profits for others.Therefore,the definition of emotional investment should negate the existence ofmaking profits for others.By comparing the legislation of emotional investment bribery inKorea and Japan,the author finds that most countries in the world regardemotional investment bribery as a crime.Compared with other countries,China has more restrictions on the establishment of bribery crime,and thecharges are relatively single.China can draw lessons from othercountries' legislative models,such as Japan and other countries to regulateemotional investment by establishing simple bribery crime on the basis ofordinary bribery crime.We can also choose to learn from the provisions ofSouth Korea,Canada and other countries on emotional investment bribery.The two countries have fewer barriers to the constitutive elements ofbribery crime,and there is no restriction on making profits for others.Therefore,emotions can be regulated in various forms of investmentbehavior.By drawing lessons from other countries' legislative models andattitudes on emotional investment bribery,we can improve our criminal lawsystem and make up for the defect that emotional investment bribery inChina can only be partially convicted.At present,there are some deficiencies in the regulation of emotionalinvestment bribery in China.Firstly,it is against the spirit of scientificlegislation to regulate emotional investment bribery by means of judicialinterpretation.Secondly,judicial interpretation restricts the elements ofemotional investment,which leads to many other forms of emotionalinvestment bribery can not accept the regulation of criminal law,and doesnot fundamentally solve such problems.In judicial practice,when applyingthe current judicial interpretation in China,on the one hand,we shouldaffirm the existence of "seeking interests for others",on the basis of whichwe should clarify the relevant provisions of judicial interpretation,on theother hand,we should make clear the judgment of the value of property andduty in emotional investment bribery,and accurately distinguish thedifference between emotional investment bribery crime and ordinaryhuman relations.Based on the current situation of criminal law regulation of emotionalinvestment bribery crime in China,the author believes that emotionalinvestment should be fully included in the scope of criminal law regulation.We should reconstruct the crime of emotional investment bribery in ourcountry,abolish the "elements of making profits for others",and punish theelements of making profits and soliciting bribes as aggravatingcircumstances of the crime of bribery.