Study On Several Issues Regarding Crime Of Bribe-taking (or Seeking) By State-owned Unit

The Crime of Bribe-taking (seeking) by State-owned Unit (hereinafter referred to as"CBSU") is the first of the Crime by Unit recognized by the Criminal Law of the P.R.C which is characterized with both the nature of Crime by Unit and Bribe-taking Crime. Dissent usually occurs in practical identification of CBSU as the result of few consensus regarding the disputed issues that has been reached, as well as due to the fact that little attention has been paid to CBSU.3 Accordingly, further study on disputed issues regarding CBSU in practice will positively have far-reaching meaning with respect to clearing theoretical dispute and offering direction to judicial practice. Whereas, this Paper attempts to, in the light of fundamental criminal theory, and on the basis of addressing the research results relating to Crime of Bribe-taking (seeking) (hereinafter referred to as"CBT"), as well as in consideration of the Unit character of CBSU, make an elaboration related issues regarding CBSU, Quasi CBSU, as well as Joint Offense of CSU, to the end of offer some useful help.The Paper is made up of four parts in total, which are respectively Introduction, Study on Issues Regarding CBSU, Study on Issues Regarding Quasi CBSU, as well as Study on Issues Regarding Joint Offense of CBSU, and which four parts include 38000 words altogether, among which, the footnotes amount to 4000 words.In the Introduction Part, the author gives a brief statement about the reasons for choosing this topic as the study subject and the writing outline.In Part 1—Study on Issues Regarding CBSU. The author makes related study on three issues relating to CBSU, namely the Criminal Object of CBSU, Whether the"Use the Post-related Advantage"ingredients is included in the constitutive elements of CBSU, as well as the Attribute of the constitutive element of"Seeking favors for others". The following standpoints are presented: the Direct Criminal Object of CBSU is the unmarketability of the public act of Stated-owned Units; the ingredient of"Use the Post-related Advantage"shall not be recognized as the constitutive element of CBSU; the ingredient of"Seeking Favors for Others"shall be established as the Objective Act element of CBSU.In Part 2—Study on Issues Regarding Quasi CBSU, the author focuses on addressing three issues relating to Quasi CBSU, namely, the definition of the from-and-to Economic Contact, Breach of State-Provisions, as well as whether the constitutive element of"Seeking Favors of Others"exists in the constitutive elopement of Quasi CBSU. The following viewpoints are presented: the from-and-to Economic Contact is transverse economic activities, then comparison between the transverse and longitudinal economic contact is made; as the absence of the ingredient of"Breach of State-Provision"results in out of line and makes the application of such provisions at loss, thus the author, in the light of social harmfulness of crime, points out that the"Breach of State-Provision"shall be regarded as the precondition for the establishment of Quasi CBSU, and make some analysis on how to understand and apply thereof in judicial practices; The constitutive elements of Quasi CBSU has already revealed that the fact that"Seeking Favors for Others"has existed in the specifically provided crime constitution of Quasi CBSU, therefore the"Seeking Favors for Others"shall not be recognized as part of the crime of constitution of Quasi CBSU.In Part 3—Study on Issues Regarding Joint Offense of CBSU. The Author , on the ground of the fundamental theory of Joint Offense, focuses on discussion on issues regarding the conviction and sentencing of joint offense by State-owned Unit and Non-state-owned Unit, as well as by State-owned Unit and Public Functionary. The following viewpoints are presented: the joint offense by State-owned Unit and Non-state-owned Unit shall established, Non-state-owned Unit may be identified as the common perpetrator of CBSU; the Joint Offense by State-owned Unit and Public Functionary may be committed and convicted, and shall be identified as the crime of the Principal of such Joint Offense; the punishment on each joint offender shall be identified in the principle of suiting to each individual offender as well as on the bias of integrity of the joint offense.