The Research Of Bribe Rang In The View Of The Austerity Of Criminal Law

Bribery is a kind of typical position crime, China was in a transitional period, the economic system and structure change gradually, because all sorts of interests and temptation, bribery crimes driven with clear ascendant trend, and exhibit behavior more diverse characteristics. This amendments to the criminal law of the People’s Republic of China (6)", the supreme people’s court, the supreme people’s procuratorate "about deal with commercial bribery criminal case applicable law, the opinions on some issues concerning the conduction bribery criminal case applicable law the opinions on some issues for some new bribery, but as the regulation of bribes range continues to expand, theorists mixed.The scoping of bribery is too wide, can lead to criminal law DaJiMian too broad, that too many intrusive state personnel and other citizens live "private"; Through the narrow scope limits, and against the bribery crime effectively combat new criminal law, cause the failure of social security function. Therefore, the author thinks that it is necessary to define, bribes range in a scientific and reasonable under the perspective the austerity of criminal law, namely the principle of introduction. Based on the content is divided into four major sections:The first part, the author is mainly to the bribery history, about taking bribes legislative situation at home and abroad and the current status summary introduction and in-depth analysis. The second part, the author is mainly to the current academic circle on the expansion of the bribery bribes the perspective of a analysis, discussion circles in different views and bribes bribery sure process with reference to the Chinese traditional culture and the current anti-corruption situation the necessity of tempering justice with mercy, criminal policy of bribes bribery exactly define as for a scientific and reasonable under the vision. The third part, the author mainly discusses the austerity of criminal law under the principle of bribes scoping problems, namely, the limitation of criminal law, economy and bribery bribery. The fourth part, mainly is to our country taking bribes bribery, and the rational thinking of academic discussion more hot "sex bribe" think and discuss problems. The author argues that it will be taking bribes demarcation, placed under the austerity of criminal law principle of international criminal law, comprehensive consideration of the development trend, and our traditional legislative model, nation culture, the current criminal policy and anti-corruption situation, make it more scientific and reasonable.Blindly expansion or narrowing its scope is not reasonable, does not accord with Chinese traditional culture and the requirements of current anti-corruption situation. In this paper, the definition of bribes bribery introduced the process of the austerity of criminal law, through the analyses and demonstrates the austerity of criminal law, the Chinese traditional culture, the current criminal policy and anti-corruption situation and the definition of bribes bribery internal relations, try the bribery bribes made defined.