On The Bribery Content Of Bribery Crime

In China's current criminal law and judicial interpretation,the actual scope of bribery only includes property and property interests,and non-property interests bribes cannot be the content of bribery.Through the analysis of the level of necessity,the protection of bribery crimes is the fairness of the duties of state employees.Correspondingly,the essence of bribery is to violate all the undue advantages of the impartiality of state employees.Therefore,the content of bribery includes not only property and property interests,but also non-property interests.How to achieve the unity of the actual level and the ought to be the level,that is,how to expand the bribe to include non-property interests,it is necessary to clarify some basic issues.Beginning with the basic concept of non-property interest bribery,clarify the manifestation of non-property interest bribes,and lay the foundation for the following.The feasibility and necessity of bribery content expansion are discussed.It analyzes the dilemma faced by the expansion of bribery content and shows the inadequacies and difficulties of bribery crime legislation.By referring to the legislative model outside the domain,the following suggestions are put forward: First,the scope of the object of bribery crime is expanded at the legislative level,and the property is clearly expanded into an undue advantage;secondly,in terms of sentencing,the mode of “amount plus episode” is refined.Third,in the collection of evidence,the introduction of the tainted witness system and technical investigations under limited conditions;Fourth,in the criminal allocation of bribery crimes,the claim to limit the death penalty,and the introduction of fines and qualifications.