Research On Difficult Problems In The Crime Of Accepting Bribes

Bribery has always been a key criminal regulation action of criminal legislation.The criminal law of our country also constructs the corresponding legislative system for the crime of bribery,and promulgates many interpretations of criminal law,so as to better guide the judicial practice.In the current society,the anti-corruption presents a high-handed attitude,the bribe-takers are deeply hated.Criminal legislation and judicial application play a more important role,through the continuous improvement of legislation and the clear application of justice to effectively combat bribery crime,to protect the interests of law.The research of bribery crime has been very rich,and the related achievements are numerous,but there are still many theoretical and practical problems to be determined and agreed upon.This study takes the bribery crime as the object,aims to deeply analyze and discuss the difficult problems faced by the bribery crime,and puts forward the perfect path.This research takes the problem consciousness as the starting point,follows the overall thinking of raising problems,analyzing problems and solving problems.The first part is the introduction part,the research background and significance are introduced in detail,and the research status of bribery crime is further combed through induction,arrangement and analysis.Combining with the difficult problems of bribery crime,the research status is classified and described,and the focus of the dispute is clarified,which lays the foundation for the research of the subject.The second part reviews the legislative changes of the bribery crime in our country in the way of objective description,and explains the new changes and features of the current bribery crime.In order to understand the development of bribery crime more clearly,to grasp the characteristics of bribery crime is conducive to legislation,justice to put forward more targeted measures to improve.The third part focuses on the scope of bribery.This problem has always been a difficult problem in theory and judicial practice," property theory " is not enough to meet the needs of the times,as the scope of bribery is more and more extensive," interest theory" can further expand the scope,which is conducive to the inclusion of some non-property interests into the scope.The fourth part mainly analyzes the stop form of bribery crime.This paper mainly introduces the different theories of the accomplished offense and the not accomplished judgment standard,and points out that the judgment of stopping form should be combined with the infringement of legal benefits.The objective conduct of bribery includes demanding bribes and taking bribes,as well as mediating bribery.This part also analyzes the accomplished offense and the not accomplished of the above three kinds of objective behavior in order to clarify the accomplished offense and the not accomplished judgmentcriteria of different bribery.The fifth part expounds the objective elements of "seeking benefits for others ".The main controversy surrounding "seeking benefits for others" is whether the element is subjective or objective.Recently,a considerable number of scholars have advocated the elimination of the elements of this component,this study also supports such a claim,and made a specific demonstration.The last part takes the joint offence as the core,discusses the accomplice judicial application of the bribery crime.First of all,it lists the types of joint crime involved in the crime of bribery,which is carried out in combination with different main body.Secondly,the judicial determination of the joint crime of bribery is analyzed in detail.