Legislative Problems Of Crime Of Acceptation Of Bribes

Crime of acceptation of bribes as a form of Public officer crimes, it against the national staff`s duty of non-buying of office, have serious social harm. In recent years, with economic development,social transformation, there are some strange bribery cases, corruption means , in the form of some new features, on investigation and prosecution of Crime of acceptation of bribes, the application of criminal law also encountered some problems, and with China's Ratification of "the United Nations Convention against Corruption", it provide us an international perspective on Crime of acceptation of bribes, let us also has some new ideas. Therefore, it is necessary to further study on Crime of acceptation of bribes.This article is divided into three parts :introduction, body and conclusion . The body can be divided into three chapters: The first chapter about the legislative evolution of bribery crime, concepts and classification, The second chapter research the object of bribery, the objective aspect, subject, subjective aspects, The third chapter about the statutory penalty of bribery and its perfection .The first chapter research the legialative evolution of bribery crime. summed up the concept of bribery crime, and types of the crime.The second chapter research the constitution of the crime of accepting bribes, include object, objective aspect, subject and subjective aspects.1. The object of the crime of accepting bribes. This section analyze several theories of the object of the crime of accepting bribes , pointing out that the object of the crime of accepting bribes is a violation of duties not to transaction between the official power and the bribe.2. the objective of taking bribes. This section first discusses the "use the facilities",pointing out that " use the facilities " should be interpreted narrowly : refers to the use of the terms of the facilities, including competent, responsible and hosted a public affairs , also including use public affires power, that subordinate to the constraints of the other terms of national staff. But need to know that it exclude the job-related facilities:it is use of the terms or status with the formation of the favorable conditions.Whether " use the facilities " include " use the future facilities", we need to put it in the two different situations: when the person is not yet as a national staff, but will soon become a national staff ( the quasi-state staff) ,this situation cannot be regarded as " use the facilities " .so it cannot constitutes the crime of accepting bribes. When use the national staff `s future facilities, this situation should be considered to be "used the facilities " ,in this situation,constitutes the crime of accepting bribes.Because there are inherent contradictions among the theories of the objective element,subjective element and new objective elements.So"for the benefit of others"element should be canceled.Although according to China`s criminal law,the"bribe"can only be understand property and belongs.But frome the perspective of ought ,should include non-property interests.3.The subject of crime of accepting bribes. This section first research the legislative evolution of the subject of crime of accepting bribes. and analyze the subject scope in existing legislation , pointing out that both to meet the needs of judicial practice , or to fit the subject of crime of accepting bribes in extra-territorial law . The subject of crime of accepting bribes (national staff) should be determined whether serving the public business.4. The subjective aspects of crime of accepting bribes.The article points out,the subjective intent of taking bribes both include direct intent and indirect intent. However,nitiative demand bribes can only be direct intent,in some special occasions, passive accepting bribes can also be indirect intent.Because the existence of intent in the act of bribery afterwards, constitutes the crime of accepting bribesThe third chapter discusses the statutory penalty and its perfect.This section reveal the defects of statutory penalty,points out that should perfect the statutory penalty in three aspects: add relevant penalty of ripping off qualifications, expand the scope of application of Penalty of Fine.limit the application of forfeiture of property.cancel the the amount of standards,reduce the standard of constitutes the crime of accepting bribes.