Research on Bribery Crimes: New Trends

Author: Meng Qinghua
Publisher:
Publish Date: 2005-06-01
Features: This book has the following characteristics:
1. Comprehensive System
This book organizes the various issues of bribery crime into sixteen chapters. The first three chapters cover the characteristics, causes, and countermeasures of bribery crime; the legislative history of bribery crime and its judicial interpretations; and the concept and types of bribery crime. The last five chapters address issues such as the definition of bribery-related crimes, the distinction between bribery crime and related crimes like abuse of power crime, the relationship between bribery crime and bribery acceptance crime and introduction of bribery crime, the criminal liability of bribery crime, and the legislative improvement of bribery crime. Chapters 4 to 11 primarily focus on the constitutive elements, stopping forms, joint crimes, and principles of bribery crime, which constitute the core and key content of the book. This systematic structure is largely based on the entire process of the emergence, identification, and handling of bribery crime, demonstrating its completeness and rigor.
2. Theoretical Deepening
Theoretical issues of bribery crime are the specificization of the general theory of criminal law. The book explores questions such as whether bribery crime can have indirect intent and negligence as forms of fault; whether "obtaining benefits for others" is an objective or subjective requirement; the preparatory and suspensive forms, consummation and non-consummation forms of bribery crime; whether non-state-owned personnel can constitute joint offenders of bribery crime; the status of non-state-owned personnel in joint bribery crime; the principles for determining the nature of joint bribery crime between state-owned personnel and company or enterprise personnel; the identification of joint bribery crime between state-owned personnel and their relatives; the identification of joint bribery crime between unit and natural person subjects; and the principles for of compound crimes in bribery crime, etc. These discussions have deepened the study of bribery crime to some extent and enriched the theoretical treasury of the specific provisions of criminal law.
3. Practical Guidance
Criminal law theory originates from judicial practice and must return to it to truly fulfill its role. The book focuses on issues such as the subject of bribery crime, including party members, village committee members, village party branch secretaries, football referees, lawyers, ordinary doctors, journalists, retired state-owned personnel, representatives, and "de facto state-owned personnel" as subjects of bribery crime; the amount standards and specific calculations of bribery crime; the distinction between bribery crime and related crimes such as bribery of company or enterprise personnel, unit bribery crime, abuse of power crime, embezzlement crime, fraud crime, and extortion crime; the relationship between bribery crime and bribery acceptance crime and introduction of bribery crime; and criminal liability issues such as "active asset recovery," self-surrender, probation, and the application of life imprisonment, which directly provide guidance for judicial personnel in correctly identifying and handling cases of bribery crime in judicial practice.
4. Legislative Reference
The book dedicates a chapter to the legislative improvement of bribery crime, discussing issues such as the name of the crime, the constitutive elements, and the penalties of bribery crime. The legislative proposals put forward, such as establishing crimes like "official position bribery crime," "post-retirement bribery crime," and "intermediary bribery crime," as well as expanding the object of bribery from material benefits to "non-material benefits," are of significant reference value.
5. Extensive Data
The book cites hundreds of sources from newspapers, books, and other literature. Additionally, it uses the internet to gather information on recent major cases of bribery. On one hand, this reflects the author's rigorous and meticulous academic attitude; on the other hand, it provides a highly convenient and foundational basis for other experts and scholars in the field of criminal law to continue in-depth research on issues related to bribery crime.