Several Issues On Crime Of Joint Bribery

Crime of taking bribe is a type of common occupational economic crime in sate staff. It is more complicated of joint bribery, to which few people in criminal circle has paid attention, so it is necessary to discuss deeply.In this paper, the author, after putting forward three reason that non-state staff could not be an accomplice in the crime of taking bribe and repudiating its theoretical basis, affirms definitely that non-state worker can be an accomplice of this crime. As to the point of whether unit can be joint crime, the auther agree with it and demonstrates how to define the crime done by state workers and units. In the article, the author deem that the stipulation of partial joint crime should be added to criminal law and impose punishment on helpers and instigators, that non-state workers who instigate or help to take bribe and slate workers can be joint implementing crimes. Moreover, the author expound the affirmation of joint bribery among state workers,corporate or enterprise workers and intimate personnels. The definition of crime of introducing taking bribe is conducive to the definition of taking bribe, accessary in crime of giving money and performing criminal in introducing bribery. In addition, the author summarizes five characteristics of this crime and thinks that the punishment upon jonit bribery should be exercised in the light of the general articles of criminal law and principle of "partial performance with entire responsibility".