A Study On The Crime Of Bribery In A Specific Relationship

The Bribery Crime has happened to be variational to keep pace with the time, for there is a staggeringsocial change in our country. According to recent investigation of major and serious bribery crimes, the means of these have become shady, indirect and intelligent. The process of money-for-power deal has been changed into indirection which is different from the traditional direct behavior, especially the briber in the higher duties of state staff. A novel form of bribery is growing quietly which is delivered among paramours, wives, brothers and other specific related people.As a special form of crime, the specific related people participate in the crime of joint bribery, which makes thecrime much more complicated and uncontrollable. Generally, the state staff escape from the legal accountability via the excuse of knowing nothing, while the specific related people will not constitute the main body of bribery crime, and there is no corresponding regulation for crime of joint bribery. Above all, it is probable for these certain kind of criminalsexploit loopholes of laws, and avoid getting the deserved punishment. Based on the high trend of the joint bribery and the strong demand of fighting against the bribery crime, the Supreme People’s Procuratorate as well as the Supreme People’s Court enact the<Opinions of several issues on applicable law of handling bribery crime>, (which is "opinions" for short hereinafter)in July 8,2007, which defined the specific related people and the crime of joint bribery clearly, meanwhile, the dispute was terminated, which was related to weather it forms crime and which kind it would be when the specific related people participating in. However, according to the current legal regulation and judicial practice, the bribery crimes among specific related people are still lack of systematic and comprehensive understanding and regulation and facing a series of problems, such as:how to define the scope of specific related people, how to affirm the intentionally subjectiveness of crime of joint bribery and how to punish in the judicial practice. In this paper, the author intends to use the theory of other countries for reference, combine with our country’s reality, and give some limited opinions on completing the bribery crime of specific related people.This paper is divided into five parts, summarized respectively as follows:Firstly, the reason and significance of the research on the crime of the crime of the specific relationship, and the way of the author’sthinking clue are given.Secondly, the concrete analysis of the crime of the crime of the elements of the crime of the specific relationship between the concept of the crime of bribery.Thirdly, combined with judicial practice, the analysis is proposed, including:the problems existing in the understanding and application, the specific relationship of accepting bribes identified in the subjective intent,, and the determination of subjective intention and punishment.Fouth,according to problems proposed inthe third part, and theinspiration from the study of foreign theory on the bribery crime and combined with the actual situation of our country, put forwad a sound proposal from a legislative point of view.Finally,for the problem of uneven sentencing,the author put forward the suggestions for improvement of the specific related bribery crime.