Research On Judicial Issues Bribery

Bribery long, serious harm, a direct result of the generation of social corruption.Normal judicial order against the state and the environment, but also disrupted the normal order of market competition, harm is quite deep, so that such crimes should be sanctioned.However, the impact on the related concept of bribery conviction and sentencing is not clear, and imperfect legislation on judicial practice had caused me a lot of inconvenience.This article is based on the above reasons,from a legislative perspective, a number of difficult issues concerning judicial bribery, with the current major theoretical doctrine and judicial practice and the problems that exist in practice, one by one analysis, which made their views.The first part, starting from the concept of bribery, bribery focuses on the subjective aspects, namely, "to seek illegitimate interests",studied the relationship between the various theories about the history, as well as the method of comparison of the elements of legislation passed,analysis of the 2012 "two high", "seek illegitimate interests" for although there is "interpretation", but in practice the behavior of people is to seek illegitimate interests or likely to lead to a dispute, roughly the same as the behavior of nature may produce different results and other related issues the causes, as well as to define the elements of this necessity and possibility.The author demonstrates the tendency of the elements necessary to become bribery as well as the subjective element; Finally, and most important, when that is not limited to, for I recognized profit; emphasis on procedural aspects of improper sexual; identify whether to combine the positions contrary to the requirements of bribery identification should be combined with China’s actual spirit of the legislation on bribery and other aspects of the "seek illegitimate interests" were defined.The second part, explains the dangers of bribery and to punish the conduct of urgency, which leads to problems identified in this article talk about the "emotional investment type" bribery.Then a series of changes, since the reform and opening up, China’s social hierarchy changes caused by induced driven thinking, interests, causing some people to illegitimate interests by all means, take the risk.Analyzes the "emotional investment type," the similarities and differences between the behavior and conduct of general civil gifts, finds difficult to explain the underlying causes, the judicial determination, I think, should look beyond the surface,subjective motivation "emotional investment type" bribery and general gift most essential difference is that the perpetrator behavior of different purposes.The third part,I will be based on the relevant provisions of the criminal law on bribery, bribery of Accomplished and attempted to discuss the issue.From the theoretical point of view of criminal law, bribery bribery purpose is to seek illegitimate interests, so is the purpose of committing bribery. We believe that the presence of attempted bribery and the corresponding reasons. Accomplished on bribery and attempted standards, scholars disagree,I think, for any of the questions that everyone can have their own views on this issue, we recommend that the author is given to bribe people should actually pay people for their belongings and make bribes to seek illegitimate interests for the purpose of bribery as a standard Accomplished but not required by law to seek to achieve the purpose of illegitimate interests.The fourth part, about the practice of a few special cases of bribery in the identification and proposal of how to deal with. Mainly: forced to pay bribes; working families of the state of bribery; bribery case a third person; bribery of public funds for personal treatment.Finally, discusses the improvement of legislation bribery. Firstly, the crime problems identified in the cited "evidence collection difficult", "difficult to identify the specific nature of the act" and "reasonable distinction between civil acts of bribery and difficult" and other issues. Highlighting the legislation Bribery main measures to expand the content of the crime of bribery matter, increasing the crime objective behavior, an additional criminal fine and punishment and other qualifications.