| The bribe crime is at present one of most serious corrupt crimes. Not only has harassed the social justice and the market economy normal order, moreover serious damage country staff's duty honest and public to State agency's faith degree. Follows this economical the development, the bribe crime presents the multiplicity, the complexity and the covert situation, has brought many difficulties for the judicial practice. Therefore, to be how reasonable, legitimate, powerful, cracks down on this kind of crime to become in the judicial work key point and the difficulty effectively. The author carries on the analysis and the opinion on the bribery crime in the judicial practice's hard problem, provides the help take the time as the instruction judicial work. This article to is bribed the crime the bribe scope, after having enumerated the present divergent viewpoint and the discrimination, proposed to bribes the object should limit in"the belongings"in the category,"property benefit"achievement"belongings"lower position concept viewpoint; When analyzes the benefit important document, proposed violates the theory with the contraction two behaviors to explain"seeks the benefit for other people"the important document to take the bribery crime the subjective important document viewpoint; To the bribery crime joint offense, namely between the country staff, the country staff were bribed the question with the non-country staff between as well as the country staff and the family member to carry on the analysis and the discussion together; Finally, had pointed out when the bribe process, seeks for other people the benefit offends other crimes, should according to the simultaneous punishment for several offenses theory punishment theory basis question. |
