| Punishment for bribe crimes is one of the most important issues of concern in china currently, as well as a daunting long-term historical task which the Party and State faces. State legislature, the Supreme Judiciary revolves the bribery crime to recognize the question system has sent some legislation explanations and the judicial interpretation one after another, while also taking theory of penal crime research inputs great enthusiasm, which to some extent improves the bribery legislation to punish bribery and a theoretical foundation. However,because of considerable complexity of the crime of accepting bribes,in adition,we are in a period of social transition, criminal justice practice for the new situations and new problems emerging, legislative, and judicial interpretations legislative interpretation of the provisions of always showing a certain lag, which can not fully meet the needs of practice. Thus making research on accepting bribes unceasingly, whether to legislative on accepting bribes or improve judicial practice guidance is of great significance."abusing his position" is one of the constituent elements bribery objective ,which also is a prerequisite for the establishment of accepting bribes. How should we understand this element is a major issue in accurately identifying bribery, regarding bribery crime in "abusing his position", the main dispute lies in two point: first, "abusing his position" whether includes "in the use work convenience"; second, "abusing his position" whether includes "uses the convenient condition in which his authority or the status forms"In my opnion:"abused his position" should not include "in the use work convenience", they are two different concepts.The present criminal law stipulated that, "abusing his position" and "uses the convenient condition which his authority or the status forms" is parallel but not the containing relations. Correctly distinguish between "abused his position" and "uses the convenient condition which his authority or the status forms" " is of great significance to the correct definition of direct bribery and indirect bribery"to seek interests for others" is one of the constituent elements bribery of another objective, "to seek interests for others" in the bribery of a status, nature and that standards... |
