Research On The Issue Of The Crime Of Unit Bribery

Bribery crimes have been happening since ancient times.The current socio-economic development has continued to flourish.With the continuous breeding of bribery crimes,the dangers are spreading in depth.The national government 's clean government and the stability of the socialist market economic order are the first to suffer.Impact of corruption.Correspondingly,China's anti-corruption is in a state of high pressure,and the intensity of anti-corruption is getting stronger and stronger.More and more officials' bribery behaviors have been made public.The public has paid a lot of attention to bribery behaviors,large and small.But in such a process,bribery will receive more or less attention than bribery.However,the crime of bribery and the crime of accepting bribes are opposite crimes,and the harms of the two are actually indistinguishable from each other.Even to a certain extent,the crime of bribery is slightly higher.The bribery crime is proactive,and the bribery behavior induces bribery behavior in a deeper level.However,based on the strict requirements for the integrity of the duties of state officials,the state and the public take bribery crimes in bribery crimes as a key target.The unavoidable bribery has been neglected to a certain extent,especially the unit bribery crime.In fact,the unit as a bribe party has a holistic nature,which has greatly undermined the fairness of the socialist market economic order and directly eroded the integrity of state workers.However,compared with the traditional crimes such as bribery and bribery,the unit bribery does not receive the corresponding attention,which is detrimental to the development of theoryand the application of justice.The author starts with the problems arising from the current status of judicial application of unit bribery crimes.The main problems of unit bribery crimes are unknown,the united crime of bribery is unknown,and the imbalances between unit bribery and individual bribery are analyzed and interpreted.The theoretical research of crime and the application of judicial practice are helpful.According to the structure of the total score,the first chapter always raises problems and analyzes the specific three dilemmas applicable to the unit bribery crime.The second to fourth chapters analyze these chapters chapter by chapter.The first chapter analyzes the current status of judicial application of bribery crimes in the unit.It mainly starts from the empirical research and application dilemma of bribery crimes in the unit.On the one hand,it explores how unit bribery is used in the judiciary,and on the other hand,it strips out three major problems that are exposed from the current status of application: the subject of unit bribery is unknown,the issue of joint crime is unclear,and unit bribery is personal Sentence imbalance.The second chapter focuses on the definition of the subject of unit bribery.It is divided into two parts.The first part is the issue of the subject of unit bribery.It details the internal functions of the unit,whether the branch can become the subject of unit bribery and what it is.The discussion of directly responsible supervisors and directly responsible personnel;the second part is about the special situation,whether the "one-person company" can become the subject of unit bribery,how to deal with bribery in mixed status,and the unit's determination of bribery of the unit.The third chapter explains the types of joint crimes against bribery.Academia now generally believes that units can also be the subject of joint crimes,but the theory of joint crimes is more mixed,which directly affects the issue of joint crimes that have not been clarified.There are "unit + natural person" and "unit + unit" modes for joint bribery in which the unit participates.The "unit + natural person" joint bribery has the distinction of bribery with the internal natural person and external natural person.These three types of joint crimes need to be conducted separately.Identification and research.The problem discussed in Chapter 4 is the reflection on the sentencing andpunishment allocation of bribery crimes.First,it reviewed the legislative history of unit bribery and natural person bribery under the "dual body legislative structure",and then carried out a review and reflection on this structure,which led to the issue of whether the criminal punishment and sentencing standards for unit bribery and natural person bribery need to be the same.Discussion.The author expects that these three major problems in the bribery crime of the unit can be resolved in a timely manner in legislation and justice.