A Number Of Issues. Accepting Bribes Study

This dissertation elaborately examined several knotty problems in deciding the crime of accepting bribes in both practice and theory. It also provided some good suggestion on how to improve related law in force.Generally the whole article studied four main problems.The first problem is about the object of bribery, that is the content and rang of bribes. The author analyzed three dominating ideas about the object of bribes which are"property", "property and benefit"and"anything that could meet people's desire", and decided that the third point of view is more acceptable because it is in accord with the nature of bribes. To make it clear the author suggested that the range of bribes should be enlarged and all the benefit and property that could satisfy people in their life and spirit should fall into the rang of bribes. The author's thought is a great breakthrough of the traditional idea which said a bribe must be money or other tangible property.The second problem is focus on the trading in influence. The author compared the trading in influence with related regulations and pointed out that the trading in influence should be stipulated in bribery crime.The third part is about the keep or give-up of one of the requirements of accepting bribes, which was to make benefit for bribers. On the basis of careful study of the criminal laws about bribery and their evolution histories in foreign countries, the author believed that the social relation that could be destroyed by this kind of crime is the necessity of public officers' clean—and—honest, and accepting bribes is unlawful conduct by virtue of their power of office. In this way the author demonstrated that making benefit for bribers is not necessary for the existence of the crime. As a consequence the author held that it should be excluded from the crime's requirements.In part four the author went over the present punishment system for bribery criminals in inner china and pointed out its defaults in comparison with that of Hong-Kong, Taiwan and some foreign countries, which have developed more scientific. Naturally the author put forward his own point of view which said that the mode of punishment severity by the amount of bribes should be change accordingly. Besides the author expressed some other good proposals on establishment of penal fine, restrictions on criminals' rights and things like that which are all very important to improve the system for bribery punishment...