“Bribe” is the object of the crime of bribery. It can be seen from the Criminal Law on the concept of accepting bribes, bribery refers to the behavior of people accept or extort property. Definition of bribery range is often identified the prerequisite of accepting bribes. How to delineate the scope of bribery, so far, in the department of criminal law academics and judicial practice is still a debated topic. But with the increasingly strict modern officialdom, property interests but also as the object of the crime of accepting bribes has become the general practice of States has become quite rare, the only property as the legislation to accepting bribes object. Such a requirement, the fight against serious acts of corruption with bribery, to promote honesty and self-good public servants, corruption acts to curb abuse of power, etc., can play a stronger deterrent. The author intends to expand the theoretical basis and practical basis of the bribery range for an analysis shows.
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First, the expansion of the theoretical basis of the bribery range
(A) to expand the scope of bribery in line with the objective laws of development of Chinese language in China.
The possibility of outside interests in the property as bribery, bribe the traditional concept of a definite link, thus negating sure both sides point of view at this point, tit for tat. The negative view is that, regardless of the Chinese language or to explain the history of the development of the rule of law, the concept of bribery has never been to include other interests outside of the property. However, we should see the language and social development is synchronous, and social development in the emergence of new things, a reflection of the language, first, to create new words, the second is to give the old and some words to new meanings. Any interpretation of the law, many ways, is a specific discipline of linguistic analysis. The bribery word as the legal language has its own specialty, but still with the occurrence of social change. In the case of the development of history has been given a new connotation to “bribe” if we still stay in a rut according to the traditional concept of explanation, a new form of bribery, turn a blind eye to the new features, contrary to the objective law of development of the Chinese language, and because of artificially narrow the scope of bribery indulgence and bribery.
(B) expand the scope of bribery is an accurate reflection of bribery violations of the object.
Bribery whether it should not be limited to property point of view, one of the main differences lies in the understanding of the nature of the bribery, the nature of bribery depends on its object. Negate the point of view, the main object of bribery violations of the normal activities of the state organs, at the same time, bribery of bribery are often given the green light to bribe people to seek illegal interests for their economic crimes cause serious economic losses to the state, to destroy the socialist economic order. Therefore, it is an economic crime, violation of the object also includes the country’s economic management order. Therefore, the bribery bribe should be the currency of the economic value of money property and can be converted into the currency of the material interests; but certainly view is that bribery is not the economic crime, the essential feature is that this behavior severely damaged the reputation of state organs, destroy the normal activities of state organs. Modern criminal law of all countries take into account the special dangers of taking bribes, generally regarded it included in the crime of dereliction of duty, and punished as a crime against national interests. Advocates bribery money point of view, the error is identified as an economic crime of bribery crime of this dereliction of duty, destruction of the normal activity of state organs.