An Analysis Of The Crime Of Bribery

The crime of introducing bribery is an important part of corruption and bribery crime. Retention or abolition of the offense has been one of the topics discussed in Criminal Law. Although the charge in judicial practice have been marginalized. In an awkward position,The purpose of the establishment of this crime,Legislators believe that introducing bribery behavior subjective vicious smaller than take and offer bribes. Should be set more mitigation of punishment. It is influenced by the principle of legality and the principle of compatibility of crime, responsibility and penalty. But in the practice, the crime has been an excuse for a lawyer during criminal defense. For those who should be considered bribes or accepting bribes accomplice to evade the law provides a channel to avoid severe criminal penalties. It deserves the special recognition. In judicial practice, such cases abound. If this crime not to refine and improve in the long-term, it will be make for a huge obstacle of reality to clear up the sources and get to the bottom of problems, to curb corruption.There are many reasons for it. Where the legislative intent of both legislators and judicial practice, when the original legislation does not meet the factors and factors of uncertainty and social development, as well as questions about the conviction of this crime when sentencing legislation. Now, the social harmfulness of introducing bribery has been far beyond the expectations of its estimated when lawmakers legislation. In many cases, if not the person who introduces a bribe in the role of a bridge, bribery and bribery could not achieve. The person who introduces a bribe existence embolden the bribery of this kind of corruption, nurtured a hotbed of corruption. What’s more, the crime of introducing bribes exists many problems in the aspect of conviction or sentence. In the aspect of conviction or sentence,the crime of introducing bribes is similar to accomplice with offence of bribery. Qualitative is rather difficult and easy to confuse. It is imperative to reform and improve on this crime. Abolish introducing bribery crime to bribe the accomplice of bribery, or adopt the method of more modest and easy to accept, on the basis of introducing bribery, carry out a series of perfect. I support the latter, because introducing bribery has its independent value of existence. I think we should improve this crime. The paper based on object, objective aspect, subject, subjective aspect,this four constitutive requirements to crime. Introduce the point of view of retain and the abolition to this accusation. Compare to the similar accusation, to highlight its independent value. At last, I come up with some relevant advices on the improvement of this accusation.