On The Determination Of Convenience In The Use Of Duty By Bribery

The distinction between national staff accepting bribes and receiving reasonable remuneration of labor remuneration, the key lies in the behavior of people who have no advantage of the position". China’s current 1997 Criminal Law in the 385th will take advantage of the convenience of the crime of bribery, the legal elements of the crime of bribery, in Germany and Japan and other countries in the criminal legislation, the crime of bribery generally do not use his position to facilitate the formulation of such a statement, usually in terms of "job behavior" as an objective element. In the criminal law of our country, it is necessary to take advantage of his position to make the crime of accepting bribes, including the use of his position in the future, the use of the past position, and to distinguish between legal remuneration. In the judicial practice, the use of his position to facilitate the specific performance of the use of my direct powers, the use of the constraints, the use of the regulatory status of the regulatory object, the abuse of power and other forms of power. The development trend of the crime of bribery in the future is to explain the "duty behavior", as long as the behavior of the property or interests of the people to accept the position or the authority has certain relevance that is enough.