| United Nations Convention against Corruption of the concept of accepting bribes, the provisions of the Convention Article 15 states: "Each State Party shall take the necessary legislative measures and other measures as may be intentional acts as crimes: i directly or indirectly to the promises given to public officials, Actual or proposed to give the public officer to give himself or another person or entity improper benefits, in order that the official in the execution of public functions or omission as; ii public officials for himself or another person or entity directly or indirectly, or not to accept Legitimate benefits as their official duties or as a condition. "This is the" United Nations Convention against Corruption "on the crime of bribery and accepting bribes. China's criminal law the concept of accepting bribes, "Criminal Law" in Article 385: The state took advantage of his position on the convenience to obtain the property, or receiving illegal property for others to make profits, is accepting bribes. National staff in economic exchanges, in violation of state regulations, accepted on behalf of a variety of rebate, and fees, all of the individual, be punished for taking bribes.Accepting the way for the type of offense, the objective of taking bribes for the performance advantage of his position on the convenience illegally obtained or receiving property for others to reap profits. In this article for the crime of taking bribes to obtain property that is the way a means, not an objective study of all aspects of the content. Bribery offense that is the way to conduct a means of accepting bribes, the perpetrator is the implementation of the crime of taking bribes taken by the way, it is the crime of bribe-taking performance of the external. According to China's Criminal Law expressly provides that the crime of bribe-taking behavior are obtained from bribes, taking bribes, accepting the economy, four categories of indirect bribery.Typical property received illegal behavior such as the type of advantage of his position to facilitate requests for the Trustee to make profits, please accept cash or agent of the Trustee; advantage of his position to facilitate requests for the Trustee to make profits, please accept the Trustee or an agent of the kind; Advantage of his position to facilitate requests for the Trustee to make profits, please accept or agent of the Trustee of the stock, and other securities.Two high-judicial interpretations to the current property illegally accepted a new type of behavior outlined in the following ten: 1, the advantage of his position to facilitate requests for the Trustee to make profits in order to please transactions received in the form of Trustee of the property.According to the two high "advice" to property transactions received in the form of acts of refer to on the issue of accepting bribes in the form of the transaction, the state took advantage of his position on the convenience of seeking to please the interests of the Trustee, the Trustee of the property to receive requests.2, took advantage of his position on the convenience of seeking to please the interests of the Trustee, the Trustee received requests to provide the stem shares. The shares received stem behavior that is presented in accordance with state personnel to obtain the shares for investment rather than on price, in order to please the Trustee to make money.3, to use his position to facilitate requests for the Trustee to make profits, requested by the Trustee of the capital, "cooperation" start-up companies or other "cooperation" of investment. According to the two high "opinion" of national staff to use his position to facilitate requests for the Trustee to make profits, requested by the Trustee of the capital, "cooperation" start-up companies or other "cooperation" of investment, be punished for taking bribes. State workers took advantage of his position on the convenience to please the interests of the Trustee to seek to co-operate companies or other investments to obtain the name of "profits", there is no real investment and participation in management, operations, be punished for taking bribes.4, the advantage of his position to facilitate requests for the Trustee to make profits in order to please commissioned by the Trustee of investment securities, futures or other financial commissioned in the name of, and access to capital is not the actual "income", although the actual or funded, but access to the "earnings" significantly higher than Investment income should be.5, to use his position to facilitate requests for the Trustee to make profits by way of gambling, please accept the Trustee in accordance with the two high-property, found in the gambling and entertainment on the main factors to consider the following: to consider the background of gambling, such as whether the two checks and Be restricted, whether or not the interests of both demand and the occasion is a random or planned, to consider whether or not frequent; the source of gambling, if the two sides of the money from the party, it is difficult to say that it is a normal gambling; changed its gambling The nature, that is, whether gambling has changed the behavior of the radio Fortunately, only to lose or win only in the guise of a property or to receive delivery of the property acts; winning or losing the amount of money, winning or losing the general situation of the property will not be too much.6, to use his position to facilitate requests for the Trustee to make profits, or accept the request of the Trustee in order to please a particular relationship to the people in the name of work, so that the relationship between a particular person does not have access to the actual work of the so-called pay. The relationship between a specific person to receive nominal salaries of the most typical case is a particular relationships of people taking no active part in the work, and receive salaries. Whether a particular relationship between the "real work" and that such behavior is important. However, if a particular relationship between the people who did participate in the work, if the wage level is higher than deserved, as the possibility of bribe-taking, the two high opinion did not address the provisions, we believe that this situation is in fact belong to the bribes, but The use of stealth mode.7, the advantage of his position to facilitate requests for the Trustee to seek benefits related to property will be given to the relationship between a specific person. That the relationship between people taking bribes, the state informed the staff and the implementation of profit-making, can also be identified as taking bribes, pay no attention to the relationship is between the state and have a total of property relations.8, the advantage of his position to facilitate requests for the Trustee to make profits before or after the agreement in its after-effects of the Trustee, please accept, and after-received. According to the opinion provided for in advance or after the agreement could constitute the crime of bribery. There is general agreement in advance of the post after accepting bribes and can be identified as taking bribes, state and requested the Trustee of the agreement and national staff to facilitate the advantage of his position to seek to please the interests of the Trustee, after the cash bribes. This type of bribe-taking later, with the first property after receiving requests for the Trustee to make profits compared to acts of bribery, as the two sides have agreed, it behavior in the subjective and objective understanding of the behavioral differences are not.9, taking advantage of his position on the convenience of seeking to please the interests of the Trustee, the Trustee requests received housing, automobiles, goods, did not change the ownership or use to register the name of another person for the registration of ownership changes. Has not received a bribe of ownership for change is the main vehicle for bribery, and other quasi-real estate or real estate need to register. State officials to accept the property, has not yet finished for ownership changes at this time is still set for accepting bribes. 10, requested the Trustee of the property to receive discipline, as a result of self-discipline or associated with people who matter to be investigated and dealt with, in order to cover up the discipline returned or turned over to the. The practice of acts to return the property and the property will hand over to the collective behavior exists in various forms. According to the two high "opinion" requested the Trustee of the property to receive discipline, as a result of self-discipline or associated with people who matter to be investigated and dealt with, in order to cover up the discipline returned or turned over, without prejudice to that of accepting bribes.
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