Research On The Difficult Problem Of Bribery Crime

The issue of corruption has always attracted people's attention.The fight against corruption is not only a mission of our country to build a socialist country under the rule of law and a socialist legal system,but also a major problem that the entire human community to be solved.Bribery crime is a transaction of power and interests,which violates the integrity of national staff.As the anti-corruption system improved constantly and the judicial organs increased their efforts to crack down bribery crime,bribery crime has also shown a different appearance from the past,and a large number of new bribery crime with concealment,novelty and diversity have emerged.It has had a huge impact on the traditional bribery crime,and has brought challenges to criminal legislation and judicial practice.The criminal law and related judicial interpretations do not have a unified standard for some problems of bribery crime,so that the theoretical circles also have disputes on related issues,eventually led to the phenomenon of inconsistent practices in judicial practice.In particular,there are a series of theoretical bottlenecks and judicial problems in the reasonable definition of the scope of bribe,the subject scope of bribery crime,and the penalty application of bribery crime,which have become the focus of obstacles that are difficult to solve in judicial practice.In particular,there are a series of theoretical bottlenecks and judicial problems in the reasonable definition of the scope of bribe,the subject scope of bribery crime,and the penalty application of bribery crime,which have become the focus of obstacles that are difficult to solve in judicial practice.Starting from the essence of the crime of bribery crime,I proposed to incorporate non-property interests(except sexual bribery crime)into the extent of bribe,to appropriately expand the subject scope of bribery crime,and to improve the applicable standards of bribery crime.I will try to clarify the theoretical disputes on bribery crime in the criminal law circle in order to better serve the judicial practice.This article is divided into three parts.The first part is about the definition of the scope of bribe.I will first elaborate on the specific provisions of the current criminal law on the scope of bribe,and then start with the controversy about the scope of bribe in the theoretical circle,to analyze and evaluate the three theories: property approach,property interest approach and benefit approach.Secondly,I will combine the criminal policies and international criminal legislation to explain the intended meaning and scope of the definition of bribe,and I will analyze and explain the two issues about how to include non-property interests such as sexual bribery into the scope of bribe and how to expand the scope of bribe for bribery crime.The second part is about the subject of bribery crime.I will start with the three different in the theoretical circle about the subject of bribery judgment standards,and try to clarify the scope of "national staff" in criminal laws and regulations based on the theory of official duties,and give suggestions on how to appropriately expand the subject of bribery crime.The third part is about the penalty application of bribery crime.I will first explain the application dilemma of the dual conviction standard of "crime degree and circumstances",and propose solutions to these application dilemmas.Secondly,I will analyze the legal nature of the life imprisonment system as well as explain the specific application of the life imprisonment system in judicial practice,and give my own suggestions.