Introduction Bribery Crime And Bribery Crime Distinction

In theory and practice,the distinction between the crime of aiding and introducing bribery has always been controversial.The Provisions on The Standards for The People’s Procuratorate to Directly Accept and Investigate Cases(Trial)promulgated by the Supreme People’s Procuratorate on September 16,1999 did not clearly introduce the boundary between bribery crime and aiding criminals of bribery crime,and the Amendment to criminal Law(IX)issued in 2015 only increased the penalty of introducing bribery crime.The theoretical and practical circles have put forward various theories to distinguish the bribery crime from the bribery crime,which can be summarized as follows: the independent introduction theory holds that the introduction of the briber has an independent position,which in essence confuses the intermediary in civil affairs with the introduction of the briber in criminal affairs.The subjective standpoint holds that the introduction of bribers should be determined according to the subjective standpoint of the introduction of bribers,whether the introduction of bribers should be treated as the introduction of bribery crime or the aiding crime of bribery crime.In fact,it falls into the prison of subjective imputation and its practical operation is not strong.Scope of anchor says that introduces a bribe behavior is the essence of bribery crime with the help of the behavior,both objective performance and subjective understanding,bribery and bribery crime will be introduced to help make the distinction between problem into a specific behavior is beyond the scope of introducing bribery crime punishment,and the resulting communication relationship,sentencing,the sentencing said introducing bribe people were sentenced to punishment as the basis,It has certain reference significance.Layered convictions,said the scope of inheritance and absorption anchor says,referring to desirable sentencing,on the basis of taking layered judgment thinking,qualitative-anchor first whether a particular behavior for introducing bribery,then clear conviction premise-to reach a consensus briber and whether or not the recipient as a condition of introduced the establishment of the bribery,declared last quantitative-to the briber and the recipient punishment as the backing,Combining the subjective and objective performance of the introduction briber,the conviction of the introduction briber can be realized.Hierarchical conviction theory,through the construction of qualitative to quantitative analysis system,gets rid of the past only broad qualitative and rigid quantitative analysis ideas,through the qualitative of specific behavior,combined with the degree of infringement of legal interests of the case and the subjective and objective performance of the introduction of bribery,to achieve accurate conviction of the introduction of bribery.