Research On The Objective Components Of Bribery

Bribery legislation is an important part of national anti-corruption legislation,and it is also a hot topic in theoretical research.With the continuous development of judicial practice,the theoretical and practical circles have become more and more controversial about the objective elements of the crime of accepting bribes.In order to eliminate the theoretical disputes related to the crime of accepting bribes and make the relationship between objective constituent elements clearer,it is necessary to reconstruct the objective elements on the premise of grasping the nature of the crime of power-money transactions.This article is divided into six parts.The first part analyzes the legal interests of bribery.Discriminate the advantages and disadvantages of the integrity theory,the unacceptable theory,and the fairness theory.Analyze the characteristics of the legal benefits of bribery.The second part,"use of the convenience of the position" element analysis.Discriminate the advantages and disadvantages of the statutory power doctrine and the actual power doctrine,and analyze the three judicial performances of using my position,using the position of staff in other countries,and using the rights of non-state staff under supervision.The third part is the element analysis of "accepting other people's property".Distinguish the advantages and disadvantages of property theory,property interest theory,and benefit theory,and analyze two types of judicial difficulties: sexual bribery and information bribery.The fourth part is the analysis of the elements of "seeking benefits for other people".Discriminate the advantages and disadvantages of the old objective factor theory,the new objective factor theory,and the subjective factor theory.Analyze the two difficult judicial manifestations of "emotional investment" type bribery and after-the-fact bribery,and study whether the current judicial authority's solution is appropriate.The fifth part is the investigation of extraterritorial legislation.Compare and comment on the regulations of the United Nations Convention against Corruption,the Japanese Criminal Code,the BritishAnti-Bribery Act 2010,and the Taiwan Criminal Code on bribery.The sixth part is the reconstruction of objective constituent elements.Combined with China's current anti-corruption criminal policy,analyze the specific path of restructuring the legal interests of bribery crimes,"use of the convenience of the position","accepting other people's property",and "seeking benefits for other people".