Some Problems Of Taking Bribes

Bribery is a job-related crime, which the national staff used his position convenience to seek property, it is the enemy of the national integrity system construction. Bribery is a crime which national staff use his position to obtain other people's property, or illegally accept other people's property for the benefit of others, or use their position convenience to seek illegitimate interests by other national staff's behavior, or receive a variety of rebates and fees in economic activities,in violation of state regulations.This crime not only destroys the good image of the party and the government, but also tarnishes the power people giving to the public servant, undermines the healthy development of economic construction,it is the focus of the criminal law to combat.Therefore,it is of important significance to grasp bribery accurately for the fight against crime and protection of human rights.This article is a superficial study of a number of legal issues about bribery.Firstly, this article analyzes and discusses the four constituent elements of bribery----the subject, object, subjective and objective, which plays a very important role to grasp bribery accurately in practice.Secondly, with the new types and new ways of crime continue to appear, the Supreme People's Procuratorate and the Supreme People's Court jointly issued " some opinions about the legal issues on the handling of criminal cases", the" opinions "makes a series of provisions about new types of bribery's quality, crime and non-crime, and the amount of bribery and other issues, This paper analyzes the performance and judicial determination of several new forms of bribery.Thirdly, the performance of giving back the ill-gotten gains positively in the judicial practice may be complex,specific qualitative nature can not be generalized, it should analyze specific issues.Such as it is "giving back the ill-gotten gains positively" or not if the criminal returned property to the offeror for some reason and so on,these problems involves the quality and measurement of penalty and even the crime and non-crime issues of the act of returning property before the incident. Therefore, this paper analysises the manifestations of such acts and judicial determination in every detail.Finally, as a typical job-related crime which is the enemy of the national integrity system,bribery is a global "disease" both domestic and foreign countries stipulate punitive measures to effectively prevent and curb corruption crimes.But western countries' punishment legislation are more severe, the working mechanism of the development of bribery are also more complete,This paper raises a series of countermeasures to prevent and combat bribery on the basis of analysis of foreign countries', combined with China's national conditions and practice.