Study On The Judicial Practice Of Unit Bribery

With the in-depth development of the socialist market economy,the number of market entities has continuously emerged.In order to gain a competitive advantage,some entities have resorted to bribery to gain profits.This has not only disrupted the socialist market economic order,but also eroded the party members and cadres carefully cultivated by the government.The integrity of the state’s public power,this article starts from the definition of bribery and bribery crimes,and discusses a series of difficult questions about unit bribery crimes.Although the difference between the crime of bribery of the unit and the crime of bribery(natural person)is becoming more and more obvious with the richness of judicial practice,there are still some difficult problems that are difficult to distinguish.It requires us to accurately grasp the two aspects of“unit will” and “interest attribution”.The two highs successively introduced judicial interpretations and continued to expand the scope of“seeking illegitimate interests”,but there was a blurring of the borders of “seeking illegitimate interests”.In addition,the setting of the constituent elements can no longer meet the actual need to combat corruption,and is incompatible with the current“zero tolerance”attitude towards corruption.Therefore,this article proposes to revoke the shackles of “seeking illegitimate interests”in the crime of bribery in units.Raise the statutory penalty for bribery.With the complexity and change of social life,the problems of joint crimes in the crime of bribery in units are increasingly apparent in the conviction and sentencing.How can the common bribery between units and units and between units and natural persons be convicted and sentenced? Adaptation,based on the“ single standard theory ”,this article further reasoning and optimizing the identification criteria for each responsibility.The reform of the national judicial system is in full swing.As a measure of judicial reform centered on trials,how to plead guilty to confession and punishment,how to introduce units to commit bribery crimes during the trial phase,how to judge the unit and the directly responsible supervisors to plead guilty,how to In the Criminal Law,this paper puts forward the solution ideas from the theoretical research,the improvement from the legislation,and the standardization from practice.Through the above measures,the author hopes to provide a strong theoretical guarantee for accurately combating bribery by units,cut off the source of bribery,break the root of corruption,better promote the steady and healthy development of the socialist market economy,and win the trust of the people with practical results.