Research On Difficult Issues Of Judicial Application Of Bribery Crime

The crime of taking bribes is one of the earlier official crimes since the emergence of human society,and it is also one of the most "advancing with the times" charges.Although taking bribes has always been the concerns of the community,and although through bribery related research in the field of exploration and research on Chinese and foreign scholars,the related theory and has made considerable development,but in terms of the present research status,relevant scholars in theory to discuss some issues on corruption charges,there is still a big differences.Specifically,in theory and practice,the most focused is the problem of what is the protection of legal interests of the crime of taking bribes,the essential attribute of "seeking benefits for others" and the problem of system positioning,as well as the problem of justice of sentencing.The above problems are not only in theory,but also in judicial determination and application.At the same time,it should be noted that the above controversies mainly revolve around the basic crime of bribery--the passive acceptance form of bribery crime.Therefore,this paper intends to take the crime of accepting bribes(hereinafter collectively referred to as the crime of taking bribes)as the research object,and to explore the above disputes through empirical research,in order to explore the solutions to the relevant problems.Based on this,this paper through the "no case" network randomly selected from the first instance,the second instance of the people's court in each region of the country 200 judgment documents of bribery crime(i.e.judgment)as a sample for analysis.In order to find out the causes of the above problems through empirical research and analysis,and explore effective solutions.Therefore,in addition to the introduction and conclusion,this paper is divided into:In the first part,through the empirical analysis of 200 judgments on bribery crime,this paper finds that there are some problems such as ambiguous judgment ideas in the determination of the protection of legal interests of bribery crime in judicial practice.The main reasons for the above problems are the lack of consideration of modern public law system in the discussion of legal interests.Therefore,this paper proposes that under the background of modern public law system,"the non-self-seeking nature of public office" should be taken as the protection of legal interests of bribery crime,hoping to solve the problem that bribery crime is difficult to be identified in judicial practice.In the second part,this paper observes the application of the element of "seeking benefits for others" in 200 judgments,and finds that there are some problems in practice,such as different results of judgment selection.Focusing on the above problems,this paper finds that the main reasons for the above problems are the ambiguity of the systematic positioning of the elements of "seeking benefits for others" in the criminal constitution.In view of this,this paper proposes that the research origin of the element of "seeking benefits for others" should be "position attribute theory",in order to solve the dilemma of this element in the judicial choice of bribery crime by a new way in theory.In the third part,through the empirical analysis of 200 judgments,this paper finds that there are serious problems such as the imbalance of sentencing for bribery crime.On this basis,it concludes that the causes of the above-mentioned sentencing problems mainly focus on the defects in China's sentencing legislation and the lack of standardized sentencing methods.Based on the above problems,this article will proceed from the position of a criminal justice and proposed should be issued as soon as possible to standardise the bribery of sentencing guidelines,a clear"amount+circumstances" and applicable standards and norms about sentencing plot justice together multiple dimensions,such as in order to explore the bribery criminal justice of sentencing path selection.