A Study On Problems Of Confirming The Bribery Crime

Bribery crime confirming is a difficulty very big topic,not only has many dispute problems theoretically,moreover the question which exists in the judicial practice are more. This article bases on the judicial practice,synthesizes method which unifies using the theory and the practice,to the bribery crime recognized that "in the use duty's convenience", "seeking benefits for others" as well as the bribery crime accomplished offense and the attempted three hard problems carries on the thorough elaboration,and proposed own viewpoint,hope to this crime,in the judicature confirmed that has a benefit.This thesis consists of three parts:The first part explained the bribery crime to confirm "in the use duty convenience". Legislated to our country with the judicial interpretation in "in the use duty convenience" the similarities and differences to carry on has studied,has analyzed "in the use duty convenience" thoroughly the meaning and proposed own viewpoint.The author proposed that "in the use duty's convenience" should be refers to uses in myself duty scope the authority, namely uses oneself manager,to be responsible for or to undertake the convenient condition which some item of public thing the authority and forms.Right "in the use duty's convenience" the authority meaning carries on the limits and carries on the classification on within the job duty,namely the authority the authority which,the surmounting within the job duty authority,the surmounting operating region authority and the duty nature transmission authority has actually including the author and so on.With demands bribes to author's duty behavior or receives the obtained belongings the relations to carry on the classification,with the aim of recognizing accurately the duty behavior with demands bribes or receives the intrinsic relations which between the belongings exists,thus confirms "in the use duty convenience" accurately this duty important document.The second part has explained in the bribery crime "seeking benefits for others" confirming.Right "seeking benefits for others is the subjective important document or the objective important document has carried on the discussion.The author will summarize "will have sought the benefit for other people" to take the bribery crime the subjective important document or the objective important document flaw.But the author believed that in the bribery crime provision has not done repairs in this situation,should "seeking benefits for others" to take the bribery crime the objective important document to be more appropriate. The author proposed that "will seek the benefits for others" the behavior will explain to contain the preparation to seek the benefits for others the behavior viewpoint.Right "sought the benefits for others" "to seek" and "the benefit" the scope has carried on the limits."seeks" including the pledge,implements and realizes three stage behaviors,so long as has a stage's behavior,had has sought the benefit for other people the important condition.Right "the benefit" has carried on the classification,the benefit which,the concrete benefit and the abstract benefit divides into the legitimate interest and the improper benefit,the property benefit and the non-property benefit according to the different standard,realize the benefit which and has not realized and so on.The third part elaborated the bribery crime accomplished offense and attempted recognizes the standard question.To the bribery crime accomplished offense recognized that the standard has many kinds of viewpoints,but the logically coherent argument thought that the bribery crime accomplished offense should by whether to obtain other people belongings as well as seeking benefits for others to unify confirmed.But in the judicial practice often obtains other people belongings take the author as the accomplished offense standard,but does not request for other people to seek the practical interests.The author proposed that "seeks the benefit for other people" whether to realize does not affect the bribery crime accomplished offense recognizing,so long as demands or receives the improper advantage is related with its duty behavior,sufficiently establishes the bribery crime accomplished offense the viewpoint.