行贿罪若干司法疑难问题分析word论文.docxVIP

第六章，主要是对行贿罪如何从立法与刑事责任完善。列明了问题所在，然后逐一提出解决对策。重点有以下几个难题，证据收集、行为性质认定、合法赠 与和行贿罪的区别等问题。突出了对行贿罪的立法完善，主要措施有扩充该罪贿 赂物的内容、增加该罪的客观行为方式、增设罚金刑和资格刑等。 关键词：不正当利益“感情投资型”行贿行为立法完善IIAbstractBribery long, serious harm, a direct result of the generation of social corruption.Normal judicial order against the state and the environment, but also disrupted the normal order of market competition, harm is quite deep, so that such crimes should be sanctioned.However, the impact on the related concept of bribery conviction and sentencing is not clear, and imperfect legislation on judicial practice had caused me a lot of inconvenience.This article is based on the above reasons,from a legislative perspective, a number of difficult issues concerning judicial bribery, with the current major theoretical doctrine and judicial practice and the problems that exist in practice, one by one analysis, which made their views.The first part, starting from the concept of bribery, bribery focuses on the subjective aspects, namely, to seek illegitimate interests,studied the relationship between the various theories about the history, as well as the method of comparison of the elements of legislation passed,analysis of the 2012 two high, seek illegitimate interests for although there is interpretation, but in practice the behavior of people is to seek illegitimate interests or likely to lead to a dispute, roughly the same as the behavior of nature may produce different results and other related issues the causes, as well as to define the elements of this necessity and possibility.The author demonstrates the tendency of the elements necessary to become bribery as well as the subjective element; Finally, and most important, when that is not limited to, for I recognized profit; emphasis on procedural aspects of improper sexual; identify whether to combine the positions contrary to the requirements of bribery identification should be combined with Chinas actual spirit of the legislation on bribery and other aspects of