Research On Criminal Regulations For Emotional Investment-based Bribery

Although the country continues to deepen its anti-corruption efforts,the criminal methods of corrupt elements are more diverse and covert.They engage in bribery under the guise of reciprocity,which is known as emotional investment based bribery,seriously undermining the integrity of public officials in China.There are different views in the theoretical community on whether emotional investment based bribery is criminalized.Some scholars believe that it does not constitute a crime and belongs to general violations of discipline and law,and there is no need to be punished;Some scholars believe that the social harm of emotional investment behavior is extremely serious and should be regulated through criminal law.Nowadays,most scholars believe that emotional investment based bribery should be included in the scope of criminal sanctions,but there is ongoing debate on the specific ways to regulate it.The article attempts to elaborate on the connotation of emotional investment bribery and its characteristics of secrecy,continuity of behavior,and uncertainty in profit seeking,indicating that emotional investment behavior should be regulated by criminal law.Combined with the content of the latest judicial interpretation,it analyzes the problems in the interpretation and judicial practice from the three aspects of the subject of conduct,the elements of conduct and the circumstances of the crime,and deeply analyzes the causes of the formation according to the tradition of human relations in China,the disputes in the theoretical circle,and the uncertainty of the current criminal law regulation.Subsequently,in response to the questions raised,a detailed discussion will be conducted on how to define the scope of the subject of the behavior,including the controversy over the existence or abolition of the elements of "taking advantage of one’s position" and "seeking benefits for others" in the crime of bribery,as well as the determination of the amount of crime involved and the clarification of the boundary between crime and non crime.Different theoretical viewpoints will be analyzed.Finally,a comprehensive plan was proposed to establish the crime of accepting bribes.Based on the doubts raised by the academic community,the rationality and legality of establishing the crime of accepting bribes were gradually analyzed.Combined with judicial practice,it was concluded that the establishment of the crime of accepting bribes will contribute to the precision of legislation,ensure the seriousness and authority of criminal law,and facilitate the construction of a strict system of bribery crimes and laws,ensuring that the integrity of party members and leaders’ positions is not violated.