Research On The Criminal Law Regulation Of Bribery Of Non-property Interests

With the continuous development of social economy,the ways of bribery also show a tendency of complexity and diversification.The objects of bribery are not limited to property or property interests,on the contrary,bribery for non-property interests has become more and more a major way of bribery.The property interest is difficult to use money to measure,so according to the traditional way of meter spoils of warrant the sentencing cannot for sentencing,and because the concealment of the bribery is quite the property interests,such as difficult to investigate and punish the various factors,the years of property interests bribes has not included in the criminal law in the regulation of bribery.Since the 18 th CPC National Congress,a nationwide crackdown on corruption under the leadership of General Secretary Xi Jinping has curbed corruption to a certain extent.However,how to fundamentally strike or prevent the occurrence of corruption to the maximum extent,the author thinks that we should improve the construction of the socialist legal system,so that there is a more powerful legal basis for fighting corruption.At present,the definition of the scope of bribery in China's criminal law is still only limited to property,a considerable part of corrupt elements take advantage of the loopholes of the law,using non-property interests to bribe for illegitimate interests but escape the legal sanctions.In order to maintain social fairness and justice,protect the interests of the broad masses,maintain the stability of state power and social order,we must fight corruption to the end.Therefore,it is imperative to improve the criminal law system of our country,expand the scope of bribery,and bring bribery for non-property interests into the scope of criminal law regulation.This paper is more than 20,000 words in total,including four parts:Part ?: Overview of bribery for non-property benefits.In this part,we first define the concept and connotation of non-property interests.Non-property interests refer to the interests that can not be measured by money and can meet people's needs.Secondly,the concept and characteristics of bribery.Bribery is the behavior of the briber to sell the public power in exchange for some benefits.The characteristics of bribery include the correlation with authority,consideration,and the ability to meet the needs of people.Next,the concept of bribery for non-property interests is clarified and the main forms of bribery for non-property interests are understood.Finally,it analyzes the domestic disputes about the inclusion of non-property interests into the scope of bribery and comments on the relevant viewpoints and theories.Part ?: The realistic dilemma of the regulation of the criminal law of bribery for non-property interests.This chapter mainly analyzes the main factors that restrict the inclusion of non-property interest bribery into the criminal law regulation in China,including many obstacles to the inclusion of non-property interest bribery in the crime,including the identification of sexual bribery,non-property interest bribery in evidence collection and sentencing difficulties.Part ?: Reasonableness of Criminalization of Bribery for Non-property Benefit Analysis of Rational Thinking of Criminal Law Regulation.This part mainly discusses the necessity and feasibility of the crime of bribery for non-property interests.The necessity of bribery for non-property interests includes: first,bribery for non-property interests accords with the essence of bribery crime;second,it makes up for the lag of criminal law;third,it meets the needs of domestic anti-corruption struggle;fourth,it accords with the international anti-corruption trend.The feasibility of the crime of bribery for non-property interests includes:first,the theoretical basis of law;second,the reference of foreign legislation on bribery crime;third,the support of domestic anti-corruption policy.Part ?: the conception of the criminal regulation path of non-property benefit bribery.This part is the author's specific idea of bringing bribery for property interests into the scope of criminal regulation,including the consideration of the specific ways of bringing bribery for non-property interests into the crime,the redesign of the sentencing system,and the improvement of the evidence system.