On The Corresponding Relationship Of The Accomplishment Of Bribery Crime

In the theory of Chinese traditional criminal law,bribery crime is the typical correspondence offenses,which is a crime consisting of corresponding behaviors,and the behaviors of the two parties are in the corresponding relationship.When one party’s behavior is accomplished,the other party’s behavior should also be established as accomplished.However,as the correspondence offenses,the crime of offering or accepting bribes is convicted and sentenced separately,on the basis of the elements of their respective crimes.In judicial practice,since the constituent elements of the bribery crime are different,there will be situations where one party convicts the crime and the other party does not convict the crime,or one party is completed crime and the other party is attempted crime.In china,the theory of correspondence offenses basically follows the relevant theories of criminal law in Germany,Japan and the Soviet Union.Whether the crime of bribery is established is controversial.In the legal provisions of Germany,Japan,Britain,the United States and China,the theory of bribery crime as an opposite offender is not reflected,and in the relevant provisions of joint crime,it is impossible to draw the conclusion that both parties to the crime of bribery are accomplices or necessary accomplices.Based on the analysis of the three theories of joint crime,complete crime joint theory,partial crime joint theory and behavior joint theory,which have different understandings of the nature of joint crime,it is also impossible to draw the conclusion that joint crime is established in bribery crime.Therefore,this paper argues that the bribery crime does not establish a joint crime,nor can it establish an correspondence offenses as a necessary accomplice branch,and the traditional correspondence offenses theory should not be used in the handling of bribery crime cases in designated practice.The two sides of the bribery crime do not establish correspondence offenses,but only have opposite behaviors,and the behaviors have a staggered opposite relationship.In practice,the handling of bribery crime cases should start from analyzing the opposite behaviors of the two parties,and convict and sentence them according to the degree of compliance of their respective behaviors with the elements of the crime.While the other party establishes a case of attempted crime.The traditional correspondence offenses theory cannot be reasonably explained.The bribery crime is unilaterally established as a crime or the opposite behavior of both parties is only established by one party to complete the crime.The opposite relationship needs to be reflected by the opposite behavior.When there is a deviation in the opposite relationship,the opposite behavior is actually a deviation.Therefore,the analysis of the opposite behavior of both parties to the bribery crime is the key to handling bribery crime cases.Only by guiding practice with the theory of opposite behavior,and by determining the degree of compliance between the two parties to the bribery behavior and the constitutive elements of the crime,can a scientific conclusion that is subjective and objective unify can be drawn,and the completed form of the crime of the two parties to the bribery can be determined more scientifically and reasonably,and the final solution can be obtained.Difficult problems of bribery crime in judicial practice.