Some Problem Studies Crime Of Accepting Bribe

Accepting bribes committing a crime is basis undermine the social mode, moreover shake once grow representative crime by taking advantage of duty, not only grave being in power, endangers a maximum to the state power , being taken seriously by past dynasties ruling class. Our country past dynasties regime has not stopped all along to accepting bribes the strike committing a crime , fights with so far as early as continuing and deepening. Study in a deepgoing way as a result accepting bribes committing a crime , deep grasp whose intrinsic characteristics and compose important condition, judicial authority is with regard to accurate set mind on bribe-taking committing a crime having important significance.The main body of a book is put the blame on mainly with government staff members bribe-taking for the object of study , is divide into five parts together, investigation and discussion having been in progress thorough to crime of accepting bribe concept, concrete type , subject , objective aspect, have suggested that some perfect suggestion finally specifically for accepting bribes the legislation defect committing a crime.The first chapters content has been a crime of accepting bribe summary , the author has kept a foothold in broad wide crime of accepting bribe , has set forth two problem , concepts and types being crime of accepting bribe. The intrinsic characteristics having revealed crime of accepting bribe is that right money trades. And, according to diversity, the standard differentiates to accepting bribes committing a crime in terms of theory for different type.From second chapters to fifth chapters, the author takes narrow sense crime of accepting bribe as the important condition studying a marriage partner , emphasizing important condition , benefit having chosen main body important condition , post carrying out monographic study. Have put the blame on the upper defect of legislation finally, specifically for accepting bribes at present , have brought forward the concrete perfect idea.That second chapters study is the crime of accepting bribe main body important condition. Take that being engaged in a "public affair" is government staff members's intrinsic characteristics as standard, the range having discussed a state personnel first, comes to a conclusion: Except that personnel being engaged in a public affair in the legislature , administrative organ , judicial authority and the people's army in the country belongs to a state personnel, all above Communist Party of China's all of the various levels organ , People's Political Consultative Conference organ , location organization interpose including being in villages and towns within being not state organs, but whose organization self character belongs to the personnel who is engaged in a public affair in the state organs organ. Secondly, have discussed the concrete range "with the personnel that government staff members comments on ". The at last, analysis , boundary having been in progress specifically for to whether can compose the crime of accepting bribe problem the retired worker waits for the peculiar main body are decided.That third chapters study is the crime of accepting bribe post important condition. First, union our country crime of accepting bribe legislation evolution , have set forth "the upper convenient implication and characteristic making use of post"; Secondly, come to a conclusion whether including the monographic study "making use of the convenient conditions that my authority of office or position forms, "making use of facilitating " work going ahead to have been in progress whether including or not or not according to corporal punishment theory , to "upper facilitating making use of post": In this two kinds condition "facilitating on being not able to include in corporal punishment Article 385 regulation make use of post". Have done theoretical classification finally to "upper facilitating making use of post" and have discussed the problem "making use of upper others post facilitating " ", making use of upper post facilitating with the future" ", to whether can compose bribe-taking's making use of upper post facilitating going over" concretely.That fourth chapters study is important condition crime of accepting bribe benefit. First, have reached the conclusion must prepare for important condition "for that others seeks benefit" is crime of accepting bribe's by theoretical analysis. Then, various theory of important condition carries out the basis criticizing in checking benefit going ahead , the attribute is listed in in the crime of accepting bribe formation, reach new objective important condition saying the conclusion being "to promise to say ". If important condition affect to the crime of accepting bribe accomplished offense, abortive firm belief problem having studied benefit finally.That fifth chapters study is a perfect problem of the crime of accepting bribe legislation. Reality already participating in "United Nations anti-corruption convention " first according to our country, have suggested that duty, ought to expand the crime of accepting bribe main body to foreign jurat and foreign government functionary for ascertaining convention (international community organization official); Two is that range is excessively narrow according to our country legislation middle "bribery" , suggests adopt the viewpoint "that benefit says " on parallel home and abroad legislation basis. Three are according to crime of accepting bribe legal punishment aspect have problem at present , suggest increasing setting up fine punishment and qualification punishment , suggest adapting to the developing trend that light punishment spends on the international, restricting or abolishing a death penalty in crime of accepting bribe and.The main body of a book is adopt to reason with demonstration studying analysing the method being tied in wedlock each other, important condition carries out all-round investigation and discussion on crime of accepting bribe subject, post, benefit, set mind on bribe-taking committing a crime , appropriate accurate measurement of penalty has a directive function to judicial authority.