Research On The Difficult Problem Of Bribery Crime

Bribery crime is one of the important duty crimes.From ancient times to the present,both at home and abroad,bribery has been dealt with accordingly.With the rapid development of economy,the phenomenon of "power for personal gain" and "power money transaction" is also increasing with the economic development.Not only the number of bribery crimes is increasing,but also the forms of bribery crimes are becoming more and more diverse,and the amount of money has gradually increased,and even large cases of more than ten million appear.The increase in the number of bribery crimes,the secrecy of bribery crimes and the change of criminal forms lead to more and more difficulties in handling bribery crimes.Objectively,it not only increases the workload of supervision organs,but also has a negative impact on the image of state staff and the credibility of state organs.In particular,the 18 th National Congress of the Communist Party of China has established the policy of strict governance of the party.China has increased the punishment of corruption crimes and established a supervision committee.The crackdown on duty crimes tends to be professional and institutionalized.Therefore,a strong and powerful attack on bribery crime not only plays an important role in promoting economic development,but also helps to promote the process of China’s political system reform.In this paper,through combing the criminal law,judicial interpretation and related theories,this paper discusses the main difficult problems related to the bribery crime in academic circles.On this basis,combined with the actual situation of judicial practice,this paper analyzes the difficult problems of bribery crime,and puts forward personal suggestions.The structure of this paper is a total of four chapters,which can be divided into three parts.The first part is the first chapter of this paper,which is an overview of the bribery crime,which is the basis of the research on the difficult problems of the bribery crime.The second part is the focus of this paper,from the theoretical and practical aspects of the difficult problems of bribery.The second part contains two chapters,namely the second and the third chapters.The second chapter discusses the constitution of the crime of taking bribes,and sums up the disputes on the crime of bribery in the theoretical circle.This paper adopts the theory of "four elements" to introduce the constitution of the crime.The third chapter is related to the judicial practice,first of all,it introduces the characteristics and forms of bribery crime.With the development of society,the crime of bribery shows new characteristics.Secondly,it discusses the important aspects that affect conviction and sentencing.First,the boundary and distinction between bribery and normal interpersonal communication,the second is the boundary and distinction between ordinary disciplinary behavior and crime and non crime.Finally,the identification of surrender and the form of crime is of great significance for conviction and sentencing.The third part of this paper is a summary of the full text,which is also the purpose of this paper.This part can also be divided into two parts: one is the legislative problems of bribery,which in essence is the root cause of the above-mentioned problems.Second,according to the difficult problems in the previous part,the corresponding improvement measures are given,which is also the significance of this paper.Combined with my work,this paper gives some measures to improve the knotty problems of bribery crime.