The Research On The Subject Of The Crime Of Accepting Bribes

The subject of the acceptance of bribes in criminal law is State functionary, which includes any functionary of a State organ and quasi State functionary. The common essential property of the two kinds is their engagement in public affairs. The definition of the scope of State functionary is the requirement by the principle of a prescribed punishment for a specified crime for judicature and enactment of criminal law. Due to the fact that China is being in a transition period from old to new system at present, and the restriction of limitation and backwardness in legislation, it is hard to define the scope of State functionary, and there is big divergence between the theory world of criminal law and the judicial organ. The paper defines the scope of the State functionary from the point of the conceptions of state organs, public affairs engagement, State functionary, any functionary of a State organ and quasi State functionary, and their logical interrelations. Regarding new conditions and problems which appeared in judicial practices, the paper put forward its viewpoint on whether retired State functionary, "false State functionary", family members of State functionary, journalists and editors of news publication presses and doctors in state-owned hospitals can be the subject of acceptance of bribes. The paper also studies the historic evolvement of the legislation of the subject of acceptance of bribes, and reviews and exams the current situation of the legislation of the subject of acceptance of bribes. Therefore, I suggest making up for the defect in the legislation of the subject of acceptance of bribes by revising the value orientation of the legislation of the subject of acceptance of bribes, defining explicitly the scope of the subject of acceptance of bribes, interpreting legislatively the "public affairs engagement", taking a substituting reflection on the conception of the State functionary and etc.