A Study On Crime Of Accepting Bribes

The crime of accepting bribes is a kind of traditional crime, its importance is shown in the surprisingly quantity of criminal law, the theoretical research related to this is gone through for a long time newly too. But so far , a great deal of difference and dispute in the theory and practice. This text sets out from the new situation the current situation of the bribery crime, from the Chinese and Western angle that law compares ,and take the explanatory note study the law and carry out the crime of accepting bribes the overall discussion , attempting to make difference up , which is of value to practice. The paper consists five parts . The first part : The legislative evolution of the crime of accepting bribes . This part investigates the crime of accepting bribes in China all the times and explains this criminal crime subject , crime objective change in detail , and sets forth a guilty legislative origin . The second part: The characteristic of the crime of accepting bribes. The part combs four elements overall: It expounds the fact that the guilty object should be for "no bribe of the post"; In this guilty objective respect, four kinds of shape of accepting bribes are shown especially, and puts emphasis on understanding "taking advantage of post" in the narrow sense, and proves the "seeking the interests for others" should not be the essential element , and expounds the guilty range of the bribe; It explains two kinds of guilty subjects; The part analyses the quality on purpose of this subjective respect of crime at last. The third part: Special crime form of the crime of the accepting bribes . This part distinguishes copies of a guilty which is about the accomplice and abortive question at first, and then assert the theories and administration of justice . The forth part : Discussion of penalty of the crime of accepting bribes . This part points out on the basis of investigating a guilty penalty gradual progress that should insist on the criterion for imposing penalty of the number combined with plot . The fifth part : The legislation of the crime needs be perfected. This part compares the law in the other countries, and then puts forward some suggestions which perfect the crime of our country legislates .