Research On The Subject Of Birbery Crime In China

Corruption has become the focus of attention of all countries in the world, it not only affects the development of social economy and caused great damage to the social stability. At present, our country is still in the stage of socialist development, law is not perfect, system is not perfect and other reasons leading to corruption has become one of the social phenomena in China most hated people. The crime of bribery is the greatest danger of crime of corruption crime, caused a great deal of violation of national staff integrity, also reduced the authority and credibility of the government in the hearts and minds of the people, and bring great loss to the social and public interests. Although, our country is increase the punishment of corruption efforts, through a variety of means but, due to the subject of bribery crime in our country’s current legislative definition of the scope is not clear enough, there are many disputes, directly affect the combat range and intensity of the bribery crime in the judicial practice. Criminal law amendment passed in2009"(seven)" increased in the bribery crime by the influence of content, to further expand the scope of subject of bribery, has positive effect on punishing corruption in china. Analysis of the main issues of bribery in the definition and put forward their point of view.The first part through the analysis of the subject of bribery of the relevant provisions, the longitudinal comparative analysis, studies the legal concept of "the subject of bribery crime", mainly from the "national staff","quasi national staff","public" and "according to law" concept were analyzed. Thus engaged in public service is the essential characteristic of state functionaries, in accordance with the basic law of "law".The second part through to our country about the problems that the subject of bribery crime, for several classes of the subject of bribery crime is still controversial in academic circles of the one one analysis, for example, false national staff, medical personnel, journalists, representatives of the National People’s congress. With the2009"criminal" issued to repair seven, the subject of bribery crime has done a perfect to a certain extent, but there are still shortcomings, need to improve and revise further. The third part of the foreign representative countries on the subject of bribery crime the legislative study review and analysis, system research on the crime of bribery legislation text, combined with China’s special national conditions, China’s bribery crime subject definition and provides reference.Through the fourth part of the subject of bribery crime is defined in the existing problems are analyzed, the reference of foreign legislation and judicial practice, summed up the useful experience. Therefore, this paper attempts to start from the several suggestions for perfecting the bribery crime subject definition, improve the issues that are related to the subjects of bribery in China.