Bribery Crime Of Foreign Office Staff And International Public Organization

Taking the legislative background and significance of bribery crime as the starting point,based on the analyzing the characteristics of the crime,this paper at first conduct analysis of constitution of bribery: the criminal objects belong to complex object,which include national management order of companies & enterprises,probity of behaviors of foreign civil servants and officials of international community organizations,and competition order of international market.Objective performance of bribery is to “give property”.Property here should be extensively interpreted as property and property interests excluding non-property interests,which in the author's opinion doesn't accord with demand of realistic judicial practice and is a flaw of our national legislature.From subjective aspect,bribery is directly intentional crime,with the criminal intent as “obtaining improper business interests”.The boundary and differences between business interests and other interests should be mastered as a key point,which is a critical point for conviction and sentence of bribery.Subjects of crime are general subjects that include units and natural persons.Next the paper discusses several problems that should be observed in specific process of judicial determination: 1.Issue of crime and non-crime,the boundary between normal social behaviors and bribery is specifically discussed.2.Identification of accomplished and unaccomplished crimes is critically decided by that “obtaining improper business interests” is subjective requirement or objective requirement.3.Issue of joint crime,differences between differentiating the abettor of bribery and introducing bribery behavior.4.Wrong object,wrong objects under same constitution of crime and under different constitutions of crimes should be respectively discussed.5.Criminal jurisdiction principle of bribery is mainly composed of territorial jurisdiction and personal jurisdiction,in addition with the principles of protective jurisdiction and universal jurisdiction.6.An analysis is conducted towards the differences between bribery and several other crimes similar with bribery from perspectives of criminal purpose,criminal subject and criminal object.