The Extension Of Bribery-a Preliminary Conception Of The Deal Of Value Theory

The crime of bribery, which involves many provisions in our criminal law and hasan extremely important position, has a considerable diversity in its crime means.Bribery violates the social general trust of the duty integrity and justice, destroys thenormal social order and the value of fairness, it is the focus of public attention, and themajor cause of social conflicts. Especially in recent years, a series of new means ofbribery having the bad influence and the seriousness challenge people’s psychologicalbottom line repeatedly, However, due to the lack of a well-defined bribe extension inthe current law, these crimes could easily escape from the punishment of law. Thus inthe long run this would do harm to the fight against corruption, and also hurt people’sidentity and awe of the law.Now we have three main bribe extension theories: the property theory, theinterests of property theory and the illegitimate interests theory. The property theorylimits the bribe extension to tangible property, which understanding of the Principle oflegality is too rigid, and ignores the social harmfulness of other forms of bribery andloses its social nature of law, has been abandoned by most scholars. The interests ofproperty theory widen the extension to property interests, which can be calculate bycurrency, but still cannot solve the new kinds of bribery in reality. Though theimproper interests theory abandoned the property attributes of bribery, still has avariety of difficulties in practice.Considering the pros and cons of the three kinds of bribe extension theories above,the author thinks that there should be a different approach, from reciprocation, thenature of bribery, we can define the extension of the bribery as "duty behavior ofvalue". Bribery constitutes a crime not depends on the content of the deal, but thebehavior of trading. If the violated legal interests of a bribery crime is the“non-tradable of a duty behavior", its extension should be the price that the otherparty used to exchange the improper duty behavior from the powerful people, in otherword, the value of the duty behavior. The deal of value theory reveals the essentialattribute of bribery, has technically the stability, and will not violate the tolerance ofsex in the criminal law. After demonstrating the logic, rationality and feasibility of thistheory, the author preliminary conceives of its implementation of law, and also solvesthe problems such as the criteria to convict this crime, the boundaries of crime and not the crime, the sentencing standards and specific operation problems.