A Study On Some Difficult Problems Of Bribery Crime

As one of the national public servants’duty offense, the bribery crime refers to the national public servants taking advantage of their office to demand money and things from other people or illegally accept money and things from other people and seek profits for the latter. In recent years, such typical corruption --bribery still exists in our country due to the vacancy of system, lack of effective control and supervision of power operation caused by social transformation in the process of economic system reform, the disorderly competition between various interest groups, and changing social morals and values in the transformation process, and etc. In the transformation process, the bribery crime has the vicious nature and adverse impact, which has seriously affected the good image of the Party and the government, desecrated the sacred functions and powers of national public servants entrusted by the people, degraded the social conduct, and destroyed the good atmosphere for the harmonious development of economy and society. Therefore, we must resolutely crack down on the bribery crime.To resolutely crack down on the bribery crime, we have to grasp its connotation. In the specific work practice, especially the specific cases of bribery crime, there exist certain disagreements in the recognition of the bribery crime caused by the author’s poor understanding of the basic theory on bribery crime, or the disagreements in the nature determination due to the author’s wring understanding of bribery law.Consequently, based on the actual cases and problems encountered in the work, this paper makes the brief analysis of several complicated legal problems about the bribery crime, in order to help the work progress.With about 32,000 words, this paper is mainly divided into four parts. Part One--Introduction, analyzes the status and characteristics of bribery crime through data analysis, and introduces the research situation of bribery crime. Part Two studies the subject of bribery crime, makes the comparative analysis of subject definition theory, and puts forward the views of subject definition. Part Three studies "taking advantage of office" -- the constitutive element of bribery crime, and discuss several special circumstances. Part Four studies "seeking profits for others" -- another constitutive element of bribery crime, and focuses on the existence or abolishment of "seeking profits for others".