Conflict Of Interest Crime Of American Criminal Law And Its Legislative Enlightenment

Corruption is an act of seeking personal interests by the abuse of public power.Due to the differences between historical and cultural traditions and the rule of law,countries have made different regulations on the legislative system of corruption crimes,and thus formed different legislative models.Bribery crime is the main type of corruption crime legislation in the United States.Its distinctive American characteristic lies in the creation of conflict-type bribery crimes in addition to traditional transactional bribery crimes through the development of legislation.In the mid-nineteenth century,with the expansion of the administrative power of the United States,there was an inherent requirement for public power in certain special fields,and there was a conflict of interest bribery crime in violation of public office.With the continuous expansion of its scope,and the formation of a relatively complete criminal system in the middle of the twentieth century,the framework of the US legislative system for preventing and punishing double-layer bribery has been completed.The conflict-of-interest bribery crime with the core of preventing corruption is a kind of crime of comprehensively restraining public servants.In the crime setting,the violation of public duties is the type basis,and the public officials and the original public servants are the applicable objects.In the behavior regulation,the credibility of power is taken as the axis before and after the resignation period.In the criminal concept,the result standard is used to replace the result standard directly to the internal control of corruption.Through the criminal justification theory to test the rationality,the criminal analysis of the theoretical analysis of the appropriateness,judicial practice cases to investigate the practicality,and then a more comprehensive understanding of the US conflict of interest bribery crime.Finally,from the legislative orientation,legislative model and system effectiveness,the paper compares the bribery crime legislative system between China and the United States,analyzes their respective advantages and disadvantages,and obtains legislative enlightenment under the differential reflection.This paper is divided into three parts.The first part is the basic part of the research,including the contents of the first chapter to the third chapter.The first chapter is a historical investigation of the conflict of interest bribery crimes in the United States.The origin of the conflict of interest bribery crimes is the starting point of the study,and the emergence and development of various crimes are introduced.Focus on the comparison of the content of the crime and the mining of the concept of conflict of interest.The second chapter is a comprehensive interpretation of the conflict of interest bribery crimes in the United States.The conflict of interest bribery crimes in the current US Code is taken as the research object,and the crimes are interpreted from the content of the articles,the applicable subject and the type of behavior.The third chapter explores the sinful nature of conflict-type bribery crimes in the United States,focusing on exploring the nature of crime.Therefore,it chooses to analyze and verify the criminal nature of conflict-of-interest bribery crimes from the perspectives of the Anglo-American legal system and the civil law system.Its essential core.The second part of this paper consists of the fourth chapter.The fourth chapter is about the system status of conflict-type bribery crimes in the United States.The US bribery crime legislation system is selected as a research sample,focusing on the status and role of conflict-of-interest bribery crimes in the system.Its centralized,preventive and guiding rules Not only can it effectively fill the gaps in the bribery criminal legislation system in the United States,but it can better link with the narrow bribery crimes and administrative ethics norms,thus giving play to the advantages of the "prevention-punishment" class bribery criminal legislation system.Finally,through the analysis of the application of relevant cases in the United States,to confirm the preventive characteristics of conflict-of-interest bribery crimes.The third part of this paper consists of the fifth chapter.The fifth chapter is about the comparison and enlightenment of the bribery crime legislation system between China and the United States.The focus is on the legislative orientation,the legislative model and the system effectiveness.The legislative system of bribery crimes between China and the United States is compared in depth,focusing on their respective advantages and disadvantages.logical analysis.In the end,it is believed that the existing legislative system of bribery crimes in China is a legislative system with distinctive Chinese characteristics.The "illegal-crime" hierarchical legislative model adopted is in line with China’s national conditions,and the practice of distinguishing bribery crimes from dereliction of duty is of great significance.The perfection of the bribery crime legislative system in China does not need to copy the US legislative system.However,active governance should be adopted in the system effectiveness to further release the preventive effect.At the same time,after understanding the differences and determining the differences,the relevant cases of China are taken as samples,and the legislative contents of the two countries are respectively applied.According to the differences of the connotations of different practices,the specific legislative enlightenment is drawn,that is,the legal connotation of bribery crimes should absorb the connotation of some conflicts of interest.The "illegal-crime" hierarchical legislative model should refine the rules of the fuzzy zone of crime and non-crime,and the preventive effect of the current bribery criminal legislation system should be further developed.