Because in theoretically is bribed the crime with the practice in to the retirement personnel to recognize the existence dispute, the educational world is bribed the crime question to the retirement personnel to rarely have the research, but because this kind of crime already broke through the traditional senior citizen crime and the bribe crime logically coherent argument and recognized, has own characteristic and the origin system. The union judicature example and the theoretically discussion, may say from the criminology angle that, The retirement personnel is bribed the crime is a senior citizen crime domain more special crime shape, although has senior citizen crime some common characteristics, but this kind of crime shape main body, the behavior and the object all have the particularity, specially because its strong, harms in a big way and so on the characteristic, the domestic educational world also rarely has the research at present to the retirement personnel's bribe crime, this mainly is because in the criminal law theoretically to the retirement personnel's bribe crime recognized also has the dispute, therefore this kind of case processes in the judicial practice quite are also few, has not conducted the thorough research including the criminal law educational world to this question, The fear discusses the crime educational world to this question research. Is bribed the crime to the retirement personnel the research, we may discover, along with national attack corrupt dynamics enlarging, the corrupt crime appeared the change, but the retirement personnel's bribe crime is precisely one of traditional corrupt crime change types. Through thoroughly inquired into to these characteristics that, we may discover these characteristics are precisely because these bribes retirement personnel attempt the difficulty which in the use legal science theory and the judicial practice recognized to evade to the bribe crime attack are the result of. This kind of crime shape appears the rationale is the retirement is bribed the subject of crime to the crime cost and the income analysis, then has carried on the choice in the behavior. We have the necessity in this aspect trend which appears from the judicial practice to study its characteristic, the origin very much, then has pointed proposes the countermeasure, thus consummates our country to prevent with the punishment corrupt systems engineering. Therefore has the necessity further to enlarge to the retirement personnel is bribed the crime research dynamics, and from this constructs is bribed the crime to the retirement personnel the prevention and the penalty processes the system, advances our country the counter-corruption struggle. In the research technique we suggested as passes through, the bribe crime take the senior citizen crime is the latitude, take the crime cost income theory as the viewpoint, auxiliary by psychology in behavior choice theory, carries on the thorough analysis and the research to the retirement personnel's bribe crime. From objectively to the subjective analysis, pointed out the planned economy system to the market economy system gradually transformation, has led the Chinese society a series of significances profound change, most is significant also the most deep transformation is social benefit structure reforming. It causes the social benefit the assignment mechanism to have the tremendous change, thus has created the social differentiation. Society's organization, the community and personally in the resources gain way, in the benefit realization way, the active space and the social position have all had the corresponding change, between each other benefit relations appeared the new pattern. Non-is definitely accidental in this time proliferation retirement personnel corrupt crime, its occurrence actually is has the profound social root. Through this kind of macroscopic sociological in analysis, may thoroughly understand the bribe crime the essence. Finally the penalty system which is bribed regarding the retirement personnel constructs also needs the unceasing exploration, the massive practices, the arduous careful work and in this foundation theory and the system innovation. Above expected the theory and the system devised can construct to our country about the retirement personnel's penalty system has a benefit, impels our country to control the retirement personnel to be bribed the crime the enterprise development. |