Research On Objective Conditionsof Bribery Crime In Criminal Law Of China

The constitutive elements of the crime of bribery determine the special essence of the crime of bribery,and the special essence of the crime of bribery can be reflected through various constitutive elements.In order to correctly clarify and define the connotation and extension of the job requirements of bribery crime,it is necessary to carry on a moderate limitation of interpretation.The scope of "office" includes not only the statutory authority but also the convenience created by the influence of one’s office.The actor may accept a bribe by asking for a bribe,accepting a bribe or agreeing to a bribe.Whether the objective performance is active demand,passive acceptance or negotiation agreement,subjectively it must have the intention of possession bribery.In practice,accepting bribes and seeking interests are often separated,but the order of receiving bribes and seeking interests does not affect the identification of bribery crime."Bribery" is the object of the objective act of the crime of taking bribes,which is the improper remuneration of the duty act.To correctly define the scope of bribery,we should follow the principle of legally prescribed punishment for crime,find the limit standard of reasonable limit,combine the national conditions of our country step by step,and expand from property to property interests.The complexity of the connotation of interest elements determines the need for scientific and reasonable interpretation of its content.The "others" who seek interests and accept bribes from others have unity.The legitimacy of "interest" is the key to the establishment of the crime of bribery and the distinction between bribery and mediation.The legitimacy of interests and the means of seeking are the criteria for dividing "legitimate interests" and "illegitimate interests".