Research On The Complicate Application Of The Criminal Law Of Bribery Crime

There are theoretical differences and different standards of the application of bribery crime in terms of bribery scope,objective crime constitution,criminal form and specific application of penalty.The scope of briberyshould be a rational view on the premise of insisting on the current expansion from property interests to non-property interests.The objective form,for the new way of bribery,we should distinguish different types to be considered respectively;for identification of "by taking advantage of his position",should be with the help of relevant carrier identification membership relationships and constraints;for identification of "seeking benefits for others",should be evaluated from the perspective of the protection of legal interests for substantive law the elements,and the subjective and objective elements for legality.In terms of criminal form,the distinction between bribery and accomplished offense should be based on the principle of real control of property,which distinguishes the attempted state of applying special property.The accomplice identification is based on the principle of generalized intent,and the specific discretion of cases can be calculated by foresee the possibility rule.On the punishment of "the amount and plot" standard of the combination of quantitative and discretionary principle of consideration of relation of amount and circumstances;the life imprisonment as a life imprisonment execution,shall apply in the basic consideration of the specific circumstances of the crime,in order to ensure sentencing level and equilibrium.