Identification Of "Property" In Bribery Crimes

The content of bribery in criminal law in our country is "property",but there are many disputes on the identification of "property".From the standpoint of interpretivism,this paper makes an in-depth analysis on the scope of bribery,which is mainly composed of three parts.Part I: determination of bribery scope.There are mainly three theories about the scope of bribery in China,that is,the narrow sense of "property",property interests and improper benefits.In the current judicial interpretation of corruption and bribery in China,"property interests" is included in the scope of "property",and "property interests" is interpreted as "other interests that can be converted into currency" and "other interests that need to be paid in currency".Non-property interests are excluded from bribery.Extraterritorial criminal legislation and international conventions generally expand the understanding and application of bribery,and extend the scope of bribery beyond property,such as honor and job opportunities can be considered as bribery.The second part: the definition of bribery "property".According to the criminal law of our country,the present stage of bribery "property",Including money,material property and property interests,but from the essence of the crime of bribery anything can be evaluated as bribery "property".It is relatively simple to understand and identify the "property" of the two types of bribery,namely money and material property.In the identification of property interests,we should focus on the legal interest and hermeneutic basic principle of the protection of bribery crime,investigate whether there is a consideration relationship between the act of duty and the act of bribery,and make a reasonable interpretation on the premise of not violating the principle of legality of crime and punishment.Part three: determination of the dispute."Sexual bribery" cannot be generalized.For the sexual services paid for by others,due to the property interests generated in the process,its nature is no longer a simple moral issue,but a bribery that meets therequirements of the constitution of the crime of bribery.Contraband and other prohibited articles in the physical sense is still a kind of article,although there is no normal market value,but has property value,can be evaluated as a bribe "property";Borrowing behavior can produce property interests,and in practice,borrowing and receiving of items that have not been changed are very similar in their effects,forms of expression and legal nature,so it is generally difficult to distinguish them clearly.Therefore,this paper holds that the act of exchanging the duties of national staff by means of borrowing is in essence the same as accepting.Virtual property can be roughly divided into three categories,but either category has its own property value and can be considered as bribery "property".When the amount of bribe "property" is determined,we should pay attention to the specific analysis in combination with social reality.