| Within the scope of China’s criminal regulations,there is a special kind of help behavior that gradually shows up in practice.It takes an agent role in crimes,and promotes the realization of crimes by recommending introductions,transmitting information,and mediating between multiple parties.This kind of behavior is a criminal behavior with "introduction" as the core behavior.Based on the particularity of the nature of its behavior,how to convict and sentence in practice has caused a lot of controversy.The frequent introduction of bribery in the process of increasing corruption crackdown in China,as a representative of introducing crime,has attracted the attention of judicial practice and academia.The so-called "introduction of bribery" generally refers to the conduct of communication and matchmaking between the two parties in bribery and bribery.The frequent occurrence of this behavior has directly led to the increasing concealment of bribery crimes,and the ways of accepting bribes have become more diversified,which has caused disorder to the social order and made the anti-corruption work of the party and government more complicated and difficult.In order to regulate the intermediary phenomenon of bribery and show the attitude of severely punishing the introduction of bribery,Article 392 of the Criminal Law of the People’s Republic of China legalized the crime of bribery as a principal crime.However,the crime has been criticized since the beginning of legislation.Due to the incomplete criminal legislation,the vague judicial interpretation of the concept of behavior,the introduction of the special attributes of the behavior itself and the neglect of theoretical research,it introduces the bribery justice a lot of problems to be solved in the application.Therefore,in order to realize the value of criminal legislation,it is extremely important to analyze and analyze the difficult problems in the field of introduction of bribery in order to obtain a practical operation plan.It has theoretical value and practical significance,and can also provide reference and suggestions for other criminal law issues that introduce behavior.Therefore,in order to figure out the most reasonable way to regulate the introduction of bribery in the Criminal Law,this article will take the introduction of bribery as the basis,controversy on the basic form of the behavior,the punishment method,the status of judicial application of bribery crime and practical difficulties,and legislative ideas Conduct research in all aspects.The introduction elaborated on the reason of selecting the question in this article,the purpose and significance of research,research methods,and the structure of the paper,as well as combing the opinions of different scholars on introducing bribery behaviors to show that research and introduction of related issues in the field of bribery are still important and necessity.The paper includes four chapters.The first chapter defines the concept of introducing bribery.The first section clarifies the connotation and characteristics of the acts.The second section starts from the relevant jurisprudence,then analyzes and introduces the bribery behavior model,and defines the introduction of bribery behavior in the practical context.The second chapter discusses the punishment method of introducing bribery in theory.The first section categorizes the introduction behaviors stipulated by the legislation in China’s criminal law,and classifies them.The second section elaborates the theory’s different views on regulating the introduction of bribery.The third chapter analyzes and introduces the practice situation and application problems of bribery crime.The first section elaborates the legislative process of introducing bribery crime and analyzes its legislative reasons.The second section analyzes the case data in recent years and draws the conclusion at last.The third section analyzes and introduces the problems in the judicial application of bribery crimes.In the end,it was concluded that the introduction of the crime of bribery alone caused chaos in the internal system of criminal law.The effect on the regulation of introducing bribery was more harmful than beneficial,and it could no longer meet the need for introducing the regulation of bribery.Chapter four proposes legislative ideas to regulate the introduction of bribery.The first section discusses the rationality of canceling the crime of introducing bribes.The second section puts forward the concept of introducing bribery with the theory of accomplice.The introduction of bribery is extremely socially harmful and needs to be regulated by criminal law.Therefore,if the extension of the accessory provisions in the criminal law provisions is properly extended,it can provide unified guidance and a clear criminal legislation basis for the introduction of the behavior as a joint crime to help determine the nature of the offender.Finally,it provides a feasible way to use accomplice theory to deal with difficult problems in the practice of introducing bribery.The conclusion put emphasis on the superiority of summarizing the problem of introducing bribery with the principle of accomplice,and then introduces the conclusion that the accomplice theory can be used to deal with all the introduction behavior,and briefly summarizes the content of this article,points out the shortcomings of the article,and proposes the author Expect. |
