Constitute Of Accepting Bribes

Since the foundation of New China, legislation about the crime of accepting bribe has experienced historical evolution, which has been perfected. The determination of this crime has become scientific, reasonable and concrete. The subject of this crime has continuously decomposed from singleness to diversity. The determination of the crime is based on combination of circumstances of the crime and criminal amount.The experts have had many opinions about the description of the object of the crime of accepting bribe. Among them is the theory of honest act of duty, which directly and comprehensively generalizes the common nature of all types of the crime and reflects its criminal essence. The nature of bribery, the target of this crime, should be consistent with that of accepting bribe. Theoretically, legislation should enlarge the scope of bribery, which should include the acceptance of non-material benefits. Practically, the determination of the scope of bribery, which will include the acceptance of property and material benefits standing for the owner-ship of property, isn't contrary to the original ideas of legislation, and what's more, it can make up the imperfection of the legislation.The subject of the crime of accepting bribe is only limited to state functionary, including those working in the state organ, government offices, administrative companies and institutions, and quasi-state functionary, including those working in the state-owned enterprises, institutions and social organizations as well as those appointed to non-state-owned companies, institutions or social organization and those engaged in public affairs in accordance with law. With regard to the basic feature of state functionary, it is somewhat unreasonable to put undue emphasis on the opinion about the identity or public affairs. As state functionary, they should possess two features: One is to possess legal identity, the other is to be engaged in public affairs in accordance with law.To take advantage of one's office is the requisite go constitute the crime of accepting bribe. It refers to abusing one's power and authority instead of taking advantage of one's work. Duties have the characteristicsof legalization and directness. In the crime of accepting bribe indirectly, the relationship between the duties of the bribee and the third party is the effect of the duty of the bribee on the third party .If retired state functionary take advantage of their previous power and authority, seek profit for others through the incumbent functionary and accept others' property, their behavior doesn't belong to the crime of accepting bribe.To seek profit for other is both the subjective requisite of the crime and the objective requisite of the crime. To seek profit for claimant is the indispensable condition which constitutes indirect bribery crime. Judicial of law equates improper profit with illicit profit and reduces the scope of improper profit, which goes against legislative intent. In judicial practice, improper profit should include illicit profit and the profit which violates rules, regulations, decrees and socialist morality.In sequence of intention of accepting others' property illegally and of exchanging powers for property, the crime of accepting bribe can be classified into two groups: antecedent acceptance of bribe and subsequent acceptance of bribe. Theoretically, subsequent acceptance of bribe doesn't belong to requisites to constitute the crime, which the criminal law stipulates. In order to prevent actors from putting up a false front of subsequent of bribe to avoid punishment, it is necessary to prosecute subsequent acceptance of bribe in respect of criminal liability. However, the basic way to avoid the legal oversight is to enact another criminal norm.