| As the more complicated research object of bribery crime,the determination of the common bribery crime theoretically and practically has always been the difficulties in the judicial cognizance in our country, it has caused extensive and profound discussion and debate in the scope of law science.In recent years, there is no lack of the research of the theory,but in the judicial practice,the complexity perfonnanced by joint bribery crimes, has gone far beyond the regulation of our country on the existing criminal law, and does an in-depth study is necessary.The unity of the theoretical controversy is not conducive to the judicial practice. I hope to offer a power to identificate the joint crime of bribery exactly through the analysis of this article in the judicial practice.This paper mainly studies the following five aspects of he common bribery crime:The first part briefly introduces the common bribery crime research status both at home and abroad, compared with most foreign countries, the regulation of our country to the common bribery crime is relatively simple, and bribery case has become increasingly complex, the study of the common bribery crime still has great practical significance.The second part summarizes the common bribery crime legislation evolution in our country, which is associated with bribery legislation development and characteristics, the main body of different identity to set up the common bribery crime has reached consensus on the legislation, the trend of the development of the legislation is focusing on different established identity of the related issues of the common bribery crime.The accomplice of the third part is the analysis of the common bribery crime behaviors, the controversial problems in including act of perpetratin,abetting and helping from three aspects: this paper argues that although objectively non-national staff can share the perpetrating act, but because it does not have a specific identity and position cannot be obtained integrity that is closely related to the specific identity of obligation, thus committing generally don’t make, can only constitute a common practice in some special cases, such as national staff leaving the company, non-national staff can constitute the common bribery crime instigators and abettors. Solicitation behavior should include later solicitation behavior, briefly analyses the nature of the bribery instigated behavior implemented by the abet bribery subbject of different identity including national staff abet non-state staff behavior,distinguish the instigator and indirect perpetrators. Help behavior including things help behavior, this paper introduces bribery crime with the help of the common bribery crime behavior very similar appearance, but we can still distinguish from subjective aspect and objective aspect, and determines the manifestations of introducing bribery crime.The fourth part studies the issue of accomplished offence and unaccomplished offence of the common bribery crime, this part mainly researches the issue of accomplished and unaccomplished offence based on the premise that determine whether bribery attempted standard for the actual property, including executor,accessory and abettor.The fifth part is to distinguish the common bribery crime and using influence bribery, it is analyzed from two angles of crime and subjective characteristics, the key to distinguish between the non-national staff and national staff is whether there is deliberate intention of the common bribery crime. |
