Study On The Complicated Issues Of The Crime Of Accepting Bribes In Judicial Practices

The crime of accepting bribes is a kind of identity crime, and is an important reflection of the corruptive activities of national officers. Our country always emphasizes on the combat against this kind of crime, but the present laws are principled, fuzzy and imperfect and real life is complicated, so that different understandings occur for the same laws in the theoretical and practical circles. Different comments are made on the same behaviors, in this way the power and dignity of law is damaged. Therefore studies of the issues concerning the crime of accepting bribes seem very important.The author aims at some complicated issues in the handling of the crimes of accepting bribes in practices, discusses and studies the subject of accepting bribes, the object of bribes, the use of post convenience and other three aspects. Part one is the definition of the subject of accepting bribes. The subjects of pure crime of accepting bribes are officers in national organs. Different opinions exist in the scope of the officers in national organs in the law circle for a long time. The author holds that the seven kinds of government employee in national organs stipulated in the constitution should applicable to the stipulation of national officer. The institutions belong to national organs and public security organs; prosecutorial organs and people's courts belong to enterprises carry the characteristics of national organs when they execute administrative functions. Therefore the government employees in these organs are also national officers.It is necessary for national officers to deal with public affairs. Public affairs are essentially different from labor service. All activities of public affairs are directly or indirectly reflected as the management of the public affairs of the country and the society. The characteristics of them are: they carry the quality of management and they are national representation. While labor services are pure physical or technical labor. For those who do both...