On The Legal Benefits Protected By The Crime Of Bribery

The public power purification movement with corruption as its core in the construction of a country ruled by law in China is being comprehensively promoted.the goal of building a governance system with Chinese characteristics of”dare not rot","cannot rot" and "unwilling to rot" put forward by the new leadership of the Chinese communist party is gradually becoming the reality of social governance and puts forward new requirements for the regulation of bribery crime as the" last bastion" of corruption governance in China in the new era.Based on the function of legal interest in interpreting and applying the constitutive requirements of crime,the theoretical research on the legal interest of bribery crime protection law has attracted extensive attention in the academic circle.The orientation of the legal interests protected by the criminal law norms on bribery crime must be guided by expansion and interpretation,not limited to the existing theories of german and Japanese criminal law.guided by the constitution,constitutional legal obligations and criminal policies,and framed by the criminal law and its normative system,the "public official's duty of honesty" is a legal interest protection theory suitable for our country.It can adapt to the needs of judicial practice and weaken the interpretation of the "consideration relationship" in the constitutive elements of bribery crime,thus forming an active regulatory role for new types of bribery crimes such as " emotional investment" and " afterwards bribery".Based on the need to realize the research goal,this research focuses on five aspects:The first chapter is the development of the criminal law regulation system of bribery crime.Including:1.the legislation system of bribery crime in the pre-modern society.2.the legislative system of bribery crime in representative countries.3.the legislation system of bribery crime in the contemporary development of China.In order to achieve the research purpose,this part uses comparative research and historical research methods to study the legislative track of bribery crime from vertical and horizontal directions,and to analyze the changes of criminal subject,legal interest adjustment and sentencing in legal norms.The second chapter is an extraterritorial investigation of the contention of the theory of protection of legal interests in bribery.It focuses on the evolution of Germany and Japan's theory on the protection of interest in bribery and the legal basis of the representative theory.Under the Anglo-American legal system,although there is no theoretical analysis framework of the benefits of bribery crime protection law,through a comparative study of its legal provisions,we can see the legislative basis and even the penalty "range" of bribery crime under its system.The extraterritorial theory of legal interest protection of bribery crime has certain reference value for our country to choose the legal interest proposition of bribery crime.The third chapter discusses the development of the theory of protecting the legal interests of bribery in China's criminal law,from the formation and critical development of the "old tong theory" to the formation and critical theory of the" new tong theory".On the basis of expounding the four critical theories in China,this chapter analyzes the shortcomings of these theories.The fourth chapter of "public officials' honesty and obligation" is advocated as the benefit of the bribery crime protection law.Based on the updated argument on the nature of bribery crime,this paper systematically demonstrates the reasonable basis of " honesty and obligation theory",which includes:1.Constitutional and constitutional legal basis.Accordingly,all state public power holders in China have a clear obligation to be honest when serving the people based on their duties.2.the criminal law and its normative system basis.The principle of legality requires that the object of criminal law intervention must be clearly defined,and the content of legal interest has become the carrier of framing the "range" of criminal law intervention to a certain extent.3.the basis of criminal policy.Under the background of advancing corruption control,the continuous expansion of judicial interpretation as the content of the constituent elements of bribery crime has objectively produced the requirement of expanding and adjusting the content of the protection law of bribery crime in order to meet the needs of judicial application.