Research On Leaving National Staffs Accepting Or Asking For Property

State Departure Functionaries, no matter domestic or overseas, as a special breed, their behaviors of bribery have always been limited by law throughout the ages. There are three types of Bribery of State Departure Functionaries. The first, taking bribes after the departure but under an agreement in advance, that is, the functionary who promise to use his position to benefit for others when he is in service but take bribes after his departure; the second, taking bribes after the departure but no agreement in advance, that is, the functionary who use his position to benefit for others when he is in service but extort or take bribes after his departure without an agreement in advance; the third, the mediate bribe of a State Departure Functionary, that is,the State Departure Functionary who use his previous position to benefit for others through another state functionary who is still in service, and extort or take bribes from the "others". This paper will research these three types separately. For the first type, according to law it shall be deemed to be taking bribes. For the second type, if the behavior of accepting property is a continuous bribe, that is an appointment presumption which should be deemed as taking bribes. When the presumption can't be proceeded, whether it should be deemed as crime, be deemed as what kind of crime, and the law currently has no provisions, the author's opinion is that extorting or taking bribes will make the different of crimination. For the third type, Amendmentâ…¦to the Criminal Law of the People's Republic of China rules it as using the influence to bribe. As a new type of crime, it needs to analyze the requisite elements of conviction in the judicial practice. It's worth noting that there is different between the conviction of the State Departure Functionaries and the joint offence with functionary in service.