Analysis Of Difficult Problems In Judicial Application Of Bribery Crime

While the anti-corruption struggle is in full swing,the research on the crime of bribery in the theoretical and practical circles is getting deeper and deeper.However,the criminal policy of "paying bribes with equal punishment"has not really taken effect.The elements of the crime of bribery have left and right sides,and the structure of crime and punishment has been criticized widely.There are many intractable problems in the handling of bribery cases.In view of this,this article selects four difficult problems of bribery crime to deconstruct and reconstruct,and try to achieve the following preset goals:at the theoretical level,integrate the fragmented theory of the subjective and objective elements of the bribery crime at this stage,and eliminate the bribery crime legislation The separation and conflict between judicial interpretation and practical application provide more scientific and reasonable theoretical support and more operational response to some common and frequent judicial application problems of bribery,and realize good law and good governance of criminal anti-corruption.For the realization of this goal,this article attempts to start from the following four parts:The first chapter is the first part,starting with the subject of bribery.Whether the subject of bribery is a unit or an individual has different responsibilities.The huge difference in penalty setting makes it necessary to make a clear distinction between the two in practice.This article explores the different standards of the academic circles for distinguishing bribery and bribery crimes,and proposes that the qualifications of the main body of a unit should be combined with its legal organizational form and its ability to bear criminal responsibility as a whole to make a comprehensive judgment.After determining the unit where the natural person belongs can be regarded as the subject of the unit bribery crime,the briber’s willingness to bribe and the attribution of the interests reflected in the specific case should be determined in conjunction with the specific case.On this basis,the problem of identifying the two crimes when a partnership enterprise and a one-person company are the main body in practice is solved.The second chapter is the second part,which mainly analyzes "seeking illegitimate benefits" in the elements of the crime of bribery.The illegitimate benefits sought by the briber are generally entity illegitimate benefits.In some cases,the entity’s legitimate benefits can also be included in the category of illegitimate benefits.The understanding of "seeking illegitimate interests" should be comprehensively grasped from the subjective criminal purpose,objective manifestation of interests,and the essence of the consideration relationship of"bribery and breach of duty".Through the understanding of illegitimate benefits,it is clear that "accelerated fees" belong to the necessary benefits for seeking to increase,and do not belong to the scope of punishment for the crime of bribery.At the same time,"emotional investment" is a transaction of power and money that spans time and space,and falls within the scope of the crime of bribery.Chapter three is the third part of this article.The scope of bribery should include objective physical objects,virtual carrier objects with clear value,and property interests that can be estimated and calculated by money.It also clarified that some specific non-property benefits,such as "sexual services" with economic value and benefit information provided by the briber,are all within the scope of bribery,and a single sexual bribe should not be treated as a bribe.The fourth chapter is the fourth part of this article,which mainly discusses the "special surrender system" in the sentencing circumstances of the crime of bribery.It is believed that although the existence of the special surrender system for bribery has made the crime of bribery appear lighter punishment,the application of the special surrender system does not affect the establishment of the prisoner’s dilemma,and its existence has more advantages than disadvantages.At the same time,it answers the question of whether and how to apply the "special surrender" in the context of the supervision system.Finally,it answers the question of how to deal with the joint surrender of special surrender,general surrender and quasi surrender in the crime of bribery.