Research On The Finished Standard Of The Bribery Crimes

Affirmation of accomplished crime is a basic theoretical problem in the criminal law, and this affirmation concerns the differentiation of complete and incomplete form of crime, and also concerns the complicity form of criminal law and theory of quantity of offence, and even other affirmation of basic theoretical problem. At the same time, it concerns the conviction and sentencing to the criminal offender, and concerns the specific application of a criminal crime in the judicial practice. So, it needs a serious attitude toward affirmation and judgment of accomplished crime. But provisions on accomplished crime in criminal law is too simple, so it causes a confusion on the standard of accomplished crime affirmation in the specific provisions of criminal law. As a corruption crime, the standard of accomplished crime is always in the debate, so during the discussion of basic theoretical problems like accomplished crime and the constitutive elements of bribery crime and so on, this paper will going to affirm the accomplished crime standard of bribery.There are four chapters in this paper: chapter one is the theory overview on accomplished crime of bribery, this part introduces the six theories of accomplished crime standard of bribery crime, and particularly analyze the deficiencies of these six theories in order to indicates the two basic points of judging the accomplished crime standard of bribery. Chapter two analyzes the legal interests of bribery crime. Firstly, it analyze which legal interest does bribery crime infringed, comes to a conclusion that bribery crime infringes the interest of un-purchasing of public affairs, and discusses the degree of infringement of legal interest. Chapter three analyzes the act of perpetrating of bribery crime. After pointing out two acts of perpetrating of bribery, and then analyze the status of benefits for others in the elements, in order to lay a foundation for discussing the ways of infringing the interest. Chapter four gives the author’s opinion-theory of phase behavior, and affirm the accomplished crime standard of two types of bribery crime.