Study On The Objective Aspects Of Bribery Crime

Our country criminal law and relevant judicial interpretations are to be taking bribes the crime object defined as property, and the amount of the property and the plot to make specific provisions. About taking bribes the crime object, in theory are mainly property, property interests said, interest said (or need) three point of view."Property" range is too narrow, already cannot satisfy the need of reality;"Property interests said" make expansion explanati on "property", this point of view for our country has adopted by legislation and judicial practice,"Interest" in theory can be established, should belong to the bribery crime object appropriate location. Accepting bribes conform to the interests of the essential features of international legislation in China with the mainstream and corruption of the actual cases. In view of the current "property interest" bribery still prone to multiple, as well as the deficiency of the national rule of law thinking, the proposal will "benefit" in the society reflects a strong, corruption cases of common occurrence "sex bribery" first into the category of bribery."Use the convenience of position" shall include the use of "work convenience" and "I authority or status form convenience conditions". The latter two are based on the position and of generation, no position, no the convenient, for position reason and take bribes, it has realized to "post" to sell, of course, the infringement of the object of the bribery crime."Use my authority or position of the formation of convenient conditions", should be understood as influence, including based on position and produce identity or face influence. Considering the relationship between the use of bribery, sometimes does not need to use other people’s position and, as well as "illegitimate interests" definition of difficulty, suggests that we should cancel mediate bribery, such behavior into the common bribery regulation."In the future use of the convenience of position", it is the power of the tests of "open to booking a", duty behavior and bribery exist between relevance and consideration sex,"use the past the convenience of position", is still the "original position" as the premise and consideration, both are in line with the essence of taking bribes, also should belong to "use the convenience of position".As a means of bribery or way, ask for, or accepting and cannot summarize all of the corruption, there are "period of some" this way."Period of some" bribery has greater social harmfulness, although has not yet been achieved, but the basic sure, and already accorded with the essence of bribery crime, it is suggested that the way into accepting of the concept of. Ask for, or accepting (including period about) including the main body of the bribee himself, also including its family member designated or approved and all the stakeholders. Ask for, or accepting time including seek interests for others of knowing, commitment, implementation, the realization of the four link before, during and after. If cancel seek interests for others elements, is as long as that person bribery is its duty behavior of price, including when accepting that, before or after receiving from knowing, constitutes a taking bribes accomplished. Ask for receipt and delivery of both traditional way of receiving, property interests accept, there are all kinds of new type of bribery way. In practice, should be combined with the essence of the concrete analysis of requirements."Seek interests for others" in the constitutive requirements of the position, basically have the objective elements, and said, the subjective important document, the objective requirement of the said new promise and ready to say, the subjective important document and promised, such as the integration point, these views in theory are insufficient, the changing in different periods reflects the corruption needs, but also the requirement of positioning more than hair not clear. Cancel the elements, accord with the essential requirements of bribery crime, which is advantageous to solve some theoretical problems, facilitate judicial cognizance on bribery crime, also is helpful to perform the obligation of international efforts to combat bribery crime. This requirement was cancelled, for the benefit of others can according to situation of taking bribes as plot or shall be given heavier punishment for several crimes.