Accepting Bribes Identified A Number Of Problems In The Study

The study on the confirmation of taking bribery crime is a subject of great difficulty. With the development and change in social life, there is also an increase in new controversial problems about taking bribery crime. Combing theory with practice, this thesis conducts a thorough study on "taking advantage of one's duties", "seeking benefits for others" and "taking bribery during the interpersonal friendly social intercourse", with an attempt to provide some help for the legislative and judicial confirmation of taking bribery crime. This thesis consists of three parts:The first part deals with "taking advantage of one's duties" in the confirmation of taking bribery crime. In this part, similarities and differences in the legislative and judicial explanations of "taking advantage of one's duties" in the past years are compared and studied. By analyzing and debating whether it can constitute the crime, the author puts forward that the connotation of "taking advantage of one's duties" should be taking advantage of rights in one's duties, i.e. taking advantage of rights and positions and those related convenience in some public affairs under one's charge, responsibility or undertaking and points out there should be different penalties according to different situations.The second part elaborates on "seeking benefits for others" in the confirmation of taking bribery crime. In this part, an in-depth study is made on whether "seeking benefits for others" is the subjective or objective important condition and whether it affects the completion of taking bribery crime. This part systematically summarizes the respective disadvantages of "seeking benefits for others" as the subjective and objective important condition and the author brings forward that "seeking benefits for others" should include the preparation for seeking benefits for others. The author agrees that whether "seeking benefits for others" has been carried out or not does not affect bribery crime's confirmation and if it is related to one's duties, it is enough to constitute the crime.The third part is related to the confirmation of taking bribery crime during the interpersonal friendly social intercourse. Firstly, a review is made of the tradition of interpersonal friendly social intercourse in China. It is suggested that differences should made between the bribery crime and normal friendly social intercourse during the anti-corruption struggle and strict and detailed rules and regulations should be made concerning government official's acceptance of things and treatment as a basis for the confirmation of taking bribery in the penal law. Secondly, based on the analysis of "gray income", this thesis probes into the confirmation of taking bribery crime in it and analyzes the difference between presenting a gift as its main manifestation and bribery. Lastly, based on the analysis of taking bribery during weddings and funerals, the author thinks that concrete differences should be made between taking bribery and receiving presents from the subjective factor, objective factor, and intersubjective relationship.