Research On The Basic Issues Of The Crime Of Accepting Bribe

As one of the official crimes,bribery crime seriously damages the relationship between the party and the masses,seriously affects the normal performance of the functions of the state organs,and seriously damages the image and reputation of the state organs,Therefore,China’s criminal law has severely cracked down on bribery crime.However,with the continuous evolution of bribery crime,many new forms of crime have emerged,making the illegal and criminal acts more covert and complex.Although the judicial authorities have made some explanations,the emergence of new criminal methods still challenges the case review and investigation,but also makes it more difficult to determine the nature of the case.Therefore,this paper further studies the basic problems of bribery crime,and explores a more perfect way to solve bribery crime in China,combining with the controversy in the theoretical circle and the difficulties in judicial practice of bribery crime.This article is divided into four parts: The first part is an overview of the crime of bribery,which mainly explores the legislative evolution of the crime of bribery in China,the definition of the crime of bribery and its constituent elements,and the provisions of other countries on the crime of bribery.The author believes that the accurate understanding and grasp of the basic situation of the crime of bribery is the theoretical basis for further in-depth study of the difficult problems related to the crime of bribery,and also the key to solve various difficult problems of the crime of bribery in judicial practice.The second part is the basic controversy of the crime of bribery at the theoretical level.In this part,this paper introduces in detail various theoretical theories and disputes about the object,objective and subject of the crime of bribery.The third part is about the basic disputes of bribery crime in judicial practice.In this part,the author mainly introduces several common new types of bribery crime with great controversy in recent years,such as "emotional investment type" bribery,"sexual bribery" and so on.In addition,it also introduces the uneven sentencing and the amount theory caused by the differences in the punishment standards of bribery crime in judicial practice.The author also introduces the bribery crime and several other indistinguishable charges and criminal forms.The last part discusses the improvement of the related issues of bribery crime from the aspects of correcting the concept of "taking bribes seriously and taking bribes lightly" in legislation,refining the punishment of bribery crime,accurately defining the new type of bribery crime and improving the construction of the Party’s clean government system,in order to play a role in promoting the strict fight against bribery crime in judicial practice.