On The Crime Of Bribery

Along with the in-depth development of China’s socialist market economy,some illegal actions such as bribe became varied and concealed.Because of the internal property of hysteresis and passivity of law,there are some inequalities for the sanction to bribe in the No.8 chapter of the Penal Code and the sanction is mainly focused on the bribe-taking,secondly on the briber and neglect the introducing bribes.Usually,an intermediator who are close to the bribery and briber and he/she played a very important role in the appearance of bribe.Hence he/she must be punished along with the crack down on briber and bribery so that the bribery can be suppressed in general.At present,the brief definition about the counts of bribery crime in the Penal Code and the ambiguities in register criterion about it as well as the weak operation led to great controversiality to the definition of bribe in the judicial practice and affect the crackdown of bribe accurately.Meanwhile the academic research to principal crime is controversial.So it is necessary to collect and generalize all research about principal crime,analyze whether to reserve and then perfect or cancel it,further define the limitation between principal crime and other illegal actions so as to interpret and introduce the meaning of bribery crime.Combined the problems occurred in the judicial practice so as to safeguard China’s economical development via providing scientific,reasonable and available suggestions on legislation and amendment in laws and then decrease the upward tendency of bribe.All the time there were debates about the bribe in the field of criminal law and no consensus was reached.As a frontline inspector,I have witnessed several introducing bribes and other relative crimes and its fuzziness troubles me.So it is necessary to introduce why the bribery occurs and analyze and discuss the existence of principal crime and its judicial determination.The followings are the brief introduction to the frame and views of the passage.The first part is to generalize bribery.Firstly it introduced the basic meaning of bribery.Secondly it introduced briefly China’s legislation history of bribery since China has been established.Thirdly is the analysis of why it occurs.The second part is the debate on the existence of bribery crime.Firstly it generalized the various views on bribery and its corresponding supporting evidences.Secondly it introduced the various opinions about the maintenance of principal crime and discussed its supporting reasons on the academic circle.Thirdly is the detail analysi s of principal crime made by the author that was based on the General principles and sub-articles of Penal Code.The author also put forward his view of maintenance on the existing of principal crime and his supporting reasons.The third party is the analysis of bribery crime.It set forth the boundary between bribery crime intermediary at first.Next,it distinguished the boundaries between principal crime,bribery crime or bribery accomplice,mediation bribery and bribery made by one’s power and then qualitatively analyzed the bribed money or goods in introducing bribery under different circumstances in judicial practice.The fourth part is to improve the introduction of the crime of bribery.First of all,according to the crime constitution theory to explain the crime constitution of this crime;Secondly,based on the actual work put forward the conviction and sentencing of this crime confusion in the judicial practice;Thirdly,return to judicial practice to improve the crime of the plot and penalty aspects of the author’s suggestions.