A Study On The Subject Of Accepting Bribes

The bribe crime is one of china's ancient and multiple crime problems. Particularly in developing countries like ours, we need to strengthen efforts to combat the bribe crime. China's criminal law provides the identity of the crime of bribery as a special subject, namely National staff, the existing Criminal Law 93 make the concept divided into State organs and Quasi-national staff. But the scope of bribery has been the subject of widespread criminal circles contentions issues, and the second paragraph of 93"other persons engaged in public affairs according to law " is the focus of debate.Full test is divided into four parts, about 34,000 words. In the discussion of the whole process, I make use of the induction, comparative analysis, empirical analysis and sociological analysis method.The first part is the preface, on the topics of background, status and expectations, as well as the main research methods and ideas.The second part, the author firstly make the main overall scan of the legislative status of State functionary.It make us have a clear understanding of the situation.Secondly, It with regard to the issue that the determination of the identity of State functionary in the judicial. In the part of the standard, the author makes a presentation and analysis of "public affairs theory", "identity theory" and "combining theory". I have come to the conclusions of "public affairs theory". In the part of the scope of State functionary, the author analyzes the logical relationship between National staff, State organs and Quasi-national staff. And the author discusses the specific scope of national staff. At last, the author through a specific case describes the crime of bribery in the judicial determination of the main outstanding issues-the "other persons engaged in public affairs according to law"The third part is the basic theory of "other persons engaged in public affairs according to law", which is the core content of this article. Firstly, the author analyzes its characteristics from its nature of work, work basis and the type of the personnel. The nature of the work is "engagement in public affairs". The work basis is "in accordance with the law". Here the law is the law broadly not the narrow legal. The type of the personnel is the atypical Public Service. Secondly the author describes the nature of "other persons engaged in public affairs according to law", and the nature is "state power". Finally the author analyzes the specific meaning of "other" which expresses cited deficiencies. "other persons engaged in public affairs according to law" include two types of personnel:one is the provisions of laws, the other which is engaged in official public by the law.The fourth part of the discussion is which people in some specific cases, can be included in the scope of "other persons engaged in public affairs according to law". The first problem is whether the grass-roots mass self-organization, village group leaders are belong to "other persons engaged in public affairs according to law", we determine this issue according to whether they engage in public affairs and with the relevant judicial interpretations. The second issue is whether the NPC deputies and CPPCC National Committee members are "other persons engaged in public affairs according to law", the author holds the positive said, because the nature of the voting is "engagement in public affairs". The CPPCC members have the right to political participation and discussion through the prescribed procedures. The third problem is the people's jury and the people's supervisor whether the "other persons engaged in public affairs according to law", the author believes that is. The people's jury in trial work and the people's supervisor in the work of check business are belong to the people who engaged in public affairs according to law. The fourth question is about whether members who consigned to manage and operate state-owned property are belong to "other persons engaged in public affairs according to law", the author say negative, judicial interpretation also confirmed this point of view.Finally, the categories of "other persons engaged in public affairs according to law" include the following:1,the CPPCC organizations engaged in public affairs in accordance with the law.2,NPC deputies who perform their duties according to law.3,People's jury and the people's supervisor who perform their duties according to law.4,the members of the Grass-roots mass self-organization.5,football referees, etc. Throughout the process of writing the article, the author discusses many of the ideas on the basis of the previous theory. The greatest contribution of this article is with regard to the nature of "other persons engaged in public affairs according to law". Public affairs are divided into "state power" and "private power" public affairs, Business people can also engage in public affairs, but they are engaged in "private power" public affairs. "other persons who engaged in public affairs according to law" are engaged in "state power" public affairs. Another important point, "other persons engaged in public affairs according to law" to be divided into two categories:one is the provisions of laws, the other which is engaged in official public by the law. However, regarding the subject of bribe crime lack of horizontal comparison, there is no comprehensive. Legislative proposal put forward.