An Analysis On The Standard Of Attempted Bribery And The Application Of Difficult Types Of Bribery

The crime of accepting bribes has always been a serious crime,and it is also a social problem that has been forbidden for a long time.Since the 18 th National Congress of the Communist Party of China,the intensity and call for anti-corruption and upholding integrity have been continuously strengthened,and punishment of corruption and bribery cases has become an important direction for combating.With the acceleration of social development and changes,the traditional criminal methods of using currency or common property are obviously only part of the crime of accepting bribes.More complicated and hidden types of crimes of accepting bribes have emerged at the historic moment.Nowadays,there are many kinds of crimes.As the result of the crime of bribery,there are many disputes on the determination of its criminal form in judicial practice.The attempted standard of bribery in criminal law theory has always been the focus of attention of scholars.There are many theoretical theories and deep discussion.The crime of bribery is In addition to the influence of the characteristics of the criminal behavior of the crime in the sub-rules of the criminal law,the standard of the attempted crime is also guided by the theory of the attempted crime in the general rules of the criminal law.Therefore,the criterion for judging the attempted bribery crime should be based on the attempted crime theory.The current academic theories mainly include the theory of the realization of the criminal purpose,the theory of the occurrence of the crime,and the theory of the elements of a crime.On the premise of distinguishing the constitutive elements of the establishment of a crime and the constitutive elements of the completed crime,the author proposes to support the "theory of all the elements of a crime" as a criterion for judging an attempted crime.After clarifying the criteria for unaccomplished crimes,re-examine the theoretical controversies of the criteria for unaccomplished bribery,including the doctrine of promise behavior,profit-making behavior,bribery acquisition theory,bribery acquisition and profit seeking double standard theory,bribery acquisition and actual heavy losses Alternative theory,stage behavior theory.So what is the unfulfilled standard for the crime of accepting bribes,and what is the basis for the argument? The author believes that the "theory of bribery acquisition" is the most reasonable and logical,and the actual connotation of "theory of bribery acquisition" is "actual control".The crime of bribery is a complicated case in judicial practice,and the judicial determination of the crime of unaccomplished bribery is in a relatively vague state.Therefore,how does the "theory of bribery acquisition" with "actual control" as the core apply to the current difficult types of bribery crimes? It is a question worthy of careful study and analysis,and detailed discussion needs to be carried out based on the specific case.The difficult types of bribery crimes in judicial practice involve many aspects.The paper selects four controversial and representative types,including housing acceptance,IOU,bank card,and stock bribery crimes.Although it is not comprehensive,it is hoped that Make a reasonable and comprehensive argument on the unaccomplished crime of accepting bribes.In general,the analysis and judgment of the theory of completed attempted crimes is the first step in the construction of the theory.Based on the introduction and analysis of different theories and theories of completed attempted crimes of bribery,the supporting theory,namely the "actual control theory",is the connotation of"bribery".Get said".Theory must return to the proposition of practice after all.The four difficult types of bribery crimes that are common in practice cannot be generalized due to the particularity of the crime plot and methods.They need to be classified and analyzed according to their different criminal methods and explained in detail.The meaning and applicable method of "actual control".Combining the relevant judicial cases and judgment results searched in the Judgment Documents website,the criminal law theory and judicial practice are connected,with a view to extracting practical and accurate unfulfilled standards from the complex and changeable types of bribery crimes.Carry out legal,reasonable,accurate and feasible application.