On The Subject Of Crime Of Accepting Bribes Range

The bribe crime is a kind of crime which existed in ancient and modern society all over the world. Nowadays it has become a hot issue which causes people's special attention.So far a variety of academic works have been published and productive research has been done on the subject of the bribe crime.However, the scope of the subject of Bribery has always been controversial in the academic field and judicial practice in our country. With the ommi-directional, multi-level reform and opening-up,great changes have taken place in all levels of society. In the recent two years,our country has signed "the United Nations Counter-corruption Convention"and anthorized to join the United Nations Counter-Transnational Organized Crimes Convention". As a result, the definition of the subject of Bribery should conform to the international legislation values and rules as well as the jurisprudence basis of Bribery, and our national conditions. Therefore, a thorough study into this problem is of extremely important theoretical and practical significame to meet the requirements of striking Bribery and strengthening international counter-corruption cooperation.Our present laws regard the subject of Bribery as a special one -functionaries, and our Criminal Code gives a more detailed explanation in Term 93.But it has long been a controvercy in the criminal theoretical field to determine the scope of the subject of Bribery. Disputes in theories, unique historical and modern conditions of China, along with the various kinds of government employees, cause this problem to be even more controvertial, perplexing and complicated, a deviance from the enhancement of attention paid to criminal theories.This article is written following the order of proposing—analyzing-solving the unsettled problem. First, it summarized the historial evolution in defining the subject of Bribery, since the foundation of P.R.C, and then listed and generalized laws, statues and judicial explanations regarding this issue. This part discussed two opposed viewpoints in the present legal system—"the Theory of Public Affairs" and "the Theory of Identification", and elaborated the inner causes of the disputes. Second, it made a comparative study on the essence of Bribery and proposed the author's own opinion. I think the essence of Bribery is public staff's action of deceiving and betraying the country, the government and the people, by trading public powers for private profits. And then, by comparing the international convention and the legalregulations of various nations, it concluded that three factors should be considered when determining the subject of Bribery—identification of the people, nature of the organization and public affairs. Third, as the problem of subject is critical in determining Bribery, this article elaborated several concepts such as "Functionaries", "Nation-owned", "Public affairs", "Delegation" and "Other people" ,so on so forth, according to Term 93 of present Criminal Code. Furthermore, it promoted some thinkings in advance on judging whether some kind of people constituted the subject of Bribery now and after. Finally, it strived to find solutions to the flaws in relative codes and put up with several suggestions to improve the statues.In the process of elaboration, a variety of methods have been utilized, including generalization, comparative analysis and concrete-evidence analysis. An ommi-directional, multi-level research has been done by referring to the domestic historic evolutions and international legislation. Considering problems in judicial and social reality, the author carried on a thorough, concrete analysis into the flaw in legislation and some related conceptual problems. He also made some foresighted, explorative research on eliminating the legislative flaw, the essence of Bribery and the possible fields where Bribery may ocurr, and proposed several personal opinions.