Research On Several Issues Of Mediating Bribery Crimes

With the development of society and the progress of science and technology,the field of bribery crime extends increasingly,the subject of crime becomes complex and the acts of crime are more and more invisible.Crack down on the crime of bribery is urgent as corruption is abhorred by the world.Thus,governments and inter-governmental international organizations are keeping on searching and improving in fighting against crime and punishing corruption.With more detailed specific on the legislation,scientific and reasonable law,there comes Mediate Bribery-Criminal.The legislation of bribery crime in our country has experienced a long process,but the process is constantly improving and perfecting.The crime of mediating bribery in our country is gradually developed on the basis of the legislation of the domestic and foreign countries after the establishment of the crime of bribery.In 1989 that the crime were regulated in the relevant provisions of the criminal law,and in 1997 formally incorporated into the criminal law,and with the 2009 and 2015 "criminal law amendment(7)" and "criminal law amendment(9)" adopting,the mediation bribery crime made new provisions.These of mediation bribery crime law,on the one hand reflects the legal characteristics of mediation bribery crime,that the crime needs the law to be clear,another yeast also led to the mediate bribery crime in legislative and judicial practice in the existing problems.In judicial practice,as a result of the crime of mediating bribery is not very understanding,resulting in a dispute between the crime and other ordinary crimes.In order to solve the problems in the legislation and judicial practice,and from the laws and regulations formulation more complete laws and regulations,we need to make further analysis of mediation bribery crime,in order to grasp the crime constitution important document as well as the judicial cognizance,in improving the system at the same time from the source to reduce the occurrence of the crime.This paper analyses the case on the theory of criminal law by taking G's mediate bribery case as the breakthrough point.The first part simply introduces the basic situation of the case,then leads to disputes of prosecutors and defenders,the dispute is also the focus of this paper will be described in detail the content,and briefly introduces the constitutive requirements of bribery.The second part is to constitute the crime of the special elements of the "authority and status of the formation of the convenience " analysis and identification,and the G is a certain element of the exposition.The third part is the combination of the case to the criminal law theory and judicial practice in the controversial "unfair interests" of the problem.The fourth part is the analysis of the subjective elements of the crime.The above three parts mainly around the case,the use of criminal law theory to analyze the specific problems in the case,and combining theory and case analysis of the mediating bribery crime in judicial practice faces some problems.The fifth part puts forward some opinions and suggestions on some problems existing in the legislation of bribery crime in our country.Such as China's mediating bribery crime whether there is the necessity of independent imputation,the author thinks that need independent imputation,and introduced the legislation mode of independent imputation;to mediate bribery crime constitution elements of unfair interests provisions also put forward the problems and solutions;and according to the two high of judicial interpretation,the mediation bribery crime penalty system do with perfect.In conclusion,the author hopes that this article can have a further study on bribery,and ultimately reduce the crime rate.