A Research on Bribery Criminal Target
|School||East China University of Political Science|
|Keywords||Bribery Criminal target Sexual bribe Virtual Property|
Around the regulation of limited bribery criminal target, the article firstly discusses legislation on bribery, and laies stress on this problem through analysising concepts of bribery ,reading our legislation of bribery in current criminal law to find dirrerence of relevant laws on bribery criminal target between chinese and other countries.In the second part, the definition of bribery criminal target is discussed. Through summarizing criminal target, the author analyses in depth on close relationship and dialectic relationship between criminal object and criminal target. Definition and principle of criminal target’s content is also discussed in this chapter. Then the author divides criminal target into four kinds, including people,res,behaviour standard and information. After making classification and analysising rules of bribery target,the author comes up with a viewpoint that Property Benefit should also be included as bribery target. Then the author takes a stand against the query ,support that criminal target covering property benefits is not against the Principle of Crimes and Penalties Prescribed by Law .In addition,I do a beneficial exploratory on Judicial Practice over special bribery target like landed estate,intangibles and banned substance under the current legislation condition.Chapter 3 is focused on comparison and consideration between two concepts described as "property",owing to the status that Chinese Criminal Law use "property"to discribe both bribery criminal target and property criminal target which is confusable.By analyzing the commonness and differences between "article of property" and golden ,goods ,property interest, stating concept and character of "article of property ",this chapter elaborates meaning of "article of property" in property crime and proves the difference between two concepts. Actually,it’s necessary to improve legislation on bribery target as the result of the unsure and unscientific concepts. Chapter 4 is the main chapter and presents suggestiones to perfect legislation of bribery target. From introduction of rules about bribery criminal in United Nations Convention on corruption, the author finally draws a conclusion that it’s necessary to borrow experience from foreign countries in terms of integrating with the world legislation over this problem and fulfilling the obligation as United Nations Convention on corruption enact. Factually, it’s argumentative over the content of bribery. The main points are "article of property theory","property profit theory "and "profit theory". After analysing various kinds of points , I show my point that "property profit theory "is better than others , also show the necessity of enlarging the content of bribery according to criminal essence ,social development state and unified legal language.Lastly ,the author introduces the course of emerge and development of sexual bribe ,what’s more ,dispute on the necessity of criminalize sexual crime, proves that sexual bribe should be bribery target due to the social harmfulness, necessity and punishment possibility. Meanwhile,the author does a comprehensive analysis of a controversial issue that whether network virtual property have attribute of virtual property or not .After that, the author draws a conclusion that virtual property should be restrained as bribery criminal target owing to it’s feature,and comes up with possible problems and solutions for it to perfect content of bribery.