On The Identification Of Bribery Crime

Bribery means the act of giving property to state working personnel for obtaining unjust interests and the act of giving large quantity of property or kickbacks and charges of all kinds to state working personnel against state rules in economic life. This thesis starts from some difficult problems in judicial practice. The main body is devoted to identifying what constitutes"obtaining unjust interests", economic bribery crime, patterns and quantities of bribery crime, and attempted bribery and accomplished bribery crime.â… . The first part is a generalization of the concept of bribery crime, its characteristics and its lawmaking history. There is always dispute as to the concept of bribery crime in the academic world. As the thesis works within the framework of the current criminal law, it does not make too much effort to dig deep into the concept of bribery. Instead, the writer discusses the concept and characteristics in general terms in accordance with the provisions of article 389 in the current Criminal Law. After the founding of the New China, there have been different provisions for bribery crime in different time period, therefore, the concept and characteristics of bribery crime differ from time to time. The writer tries to make a brief introduction to the historical development of lawmaking concerning bribery crime so as to fully understand the concept of bribery crime.â…¡. The second part focuses on the identification of"obtaining unjust interests". This question is concerned with two aspects, one being the nature of obtaining unjust interests, the other being the definition of obtaining unjust interests. The nature of obtaining unjust interests is related with the identification of conviction or non-conviction and attempted bribery or accomplished bribery crime. For a long time, the academic world has been debating whether"obtaining unjust interests"is the necessary element for bribery crime, whether it is subjective or objective element, and whether it constitutes the objective or motive. Viewed from the original intent of lawmaking on bribery crime and the relations between crime and its constitutes, obtaining unjust interests is not only the necessary element for...