Several Viewpoints On Verdict And Penalty Of Bribe Crimes

The danger and complexity of bribery can not be questioned. Increasing of the bribery crime crackdown is not only strict by law enforcement, but also is the Central Anti-corruption from the source containment causes of the request. But judicial practice objectively indeed exist ineffective crackdown on bribery phenomenon. By the judicial practice based on the relevant statistical data showing that the investigation of bribery crime and the crime of taking bribes in a very unbalanced situation, after analying bribery from the legislative history and the elements that constitute a crime, judicial finds that the applicable penalty, right"to seek interest"on the retention or abolition of bribery is limited to"property", set penalties for the crime of bribery in integrity and irrational some of the theories and practice of existence and controversial issues will be discussed. Then boldly proposed to abolish bribery"to pursue illegitimate interests,"the elements of the bribery should not only be limited to property but also should be adapted to the interests of the line that reflect the crime of taking bribes punishment symmetry, abolish the"Criminal Law"Section 2 of the 390th, regulations and the increasing bribery case of criminal fines and intensity of the application on the definition of the crime of bribery and the penalty to improve scientific interpretation, and other criminal legislative recommendations. In this paper, which has nearly 26,000 characters, is divided into three parts. Now summarized as follows:The first part is the"investigation of bribery and crime analysis of the status quo."Comprises two parts: One is judicial practice with a typical case of statistical data, Analysis of a bribery investigation of the status quo, using accurate and cited informative data, figure that the criminal investigation of bribery and the crime of taking bribes are in a very unbalanced situation. The Second part is the formation of investigating bribery cases of imbalance causes of Analysis, succinctly pointed out the"Criminal Law"on the"illegitimate interests"on the existence of vague legal language of legislative shortcomings: Bribery will be limited to the scope of"property"and other property interests and the interests of non-property excluded from the inadequacies Department;"Criminal"bribery provisions of the amount was too broad and the constitution of the crime on accepting bribes and the amount of provisions are not unified;"Criminal Law"provisions of paragraph 3 of the 389 th's redundant,2 paragraph of the 390 th about the penalty for bribery penalties are relatively light and not valid for the crime of bribery Penalty.The second part is divided into the"crime of bribery legal research."It includes four aspects: firstly, the legislative history of bribery, after the founding of bribery related to the legislative changes. Secondly is the crime of bribery crimes constituted a study outlining the prevailing concept of the crime of bribery, the main crime, the subjective of the bribery, the objective, the object of the theory and the basis of careful analysis, the focus on"interests"are defined,"In order to seek illegitimate interests,"the abolition of the reasonable, the object of the crime of bribery and other issues shows their views. That the crime of bribery or innocence of the limits of bribery to the company, corporate officers found guilty on bribery, and other units related to the boundaries of other crimes, consecutive committed, Implicated Offense such as bribery of a crime and several crimes, the accomplished bribery and attempted to distinguish between standards. Forthly is about the penalties for the crime of bribery which applied researching, including sentencing standards and penalties surrendered grades and bribery provisions of this particular analysis.Part three is about"severely punish bribery legislative suggestion."Talking about empirical analysis from the author and taking the idea that the theoretical analysis on the basis of the crime of bribery should be eliminated"to seek illegitimate interests,"the subject elements of the bribery should not only be limited to property adapted to the interests of the line but also should reflect the crime of taking bribes punishment symmetry, it is better to abolish the"Criminal Law"Section 2 of the 390 th, also should provide more to increase criminal fines on bribery case, with other applicable five legislative proposals. Conclusion of the thesis is the last part, in the first three parts the authors studied on the basis of a breakthrough on"Criminal Law", According to the bribery is against the public power of the country and its essential attributive nature that can not be bought, with the objective bribery manifestations, boldly proposed amendments to the bribery provisions of the law to determine the definition of the crime of bribery and deciding the punishment for this problem.