A Study On The Issues Concerning New-type Acts Of Accepting Bribes

In recent years, as the intensified efforts against corruption in our countryincrease, bribers and bribees turn to adopt a more secret and clever method to escapelaw punishment. New types of bribery crime then appear together with the emergenceof endless corruption means. Many bribery crimes are covered with the "legal" cloth,which brings problems judicial practices. In July2007,"Two High" jointly issued theOpinions on Issues Concerning the Laws Applied to Handling Criminal Cases onBriberies (Hereinafter referred to as Opinions), which specifically states the provisionabout the suitable processing suggestions of the seven kinds of new-type briberycrime.Opinions states different kinds of new-type bribery, which repeatedly occur injudicial practice and are difficult to define. The timely and accurate processingsuggestions for these problems put forward by Opinions provide strong legal basis,which are helpful to all kinds of new-type bribery cases and can severely punishcorruption crime according to the law.Chapter One of this paper covers the following content: Opinions provides somespecifications of seven different forms of corruption qualitative treatment, theboundaries between being guilty and un-guilty, this crime and that crime and big andsmall crimes, and the confirmation of the quantity of corruption crimes. This chapteranalyzes the characteristics of the new-type acts of accepting bribes from four aspects,which can help decide whether it belongs to a crime or a ordinary civil behavior in thejudicial practice.Chapter Two of this paper discusses the following three contents: I, the new-typeacts of accepting bribes and a deeper discussion of the protection of legal interests, the author thinks that under the circumstances of new-type bribery crime, dutybehavior of honesty must keep pace with the times and look for further newprotection of legal interest; II, make a clear distinguish between the new-type acts ofaccepting bribes and gifts from relatives and friends to make sure the justice.Specifically, this problem can be divided into four parts for illustration: Firstly, howto distinguish between preferential purchase of houses, cars and other valuables andcorruption which we should concern about; secondly, state personnel can also enjoythe right of preferential purchase, but at the same time we should prevent briberycrimes covered secretly by preferential purchase; thirdly, the author thoroughly andcarefully analyzes the provisions about whether the preferential purchase belongs tobribery by Opinions, and we also should make specific analysis without letting go ofany form of criminal behaviors; Fourthly, the author illustrate how to correctlyunderstand what is "the lowest price". III, this paper discusses the confirmation ofnew-type acts of accepting bribes and special subject from four different aspects.As legal persons, we can find some defects of terms from the theoretical andjudicial practice in the Opinions, which are not effective in fighting against crime.Chapter Three of this paper discusses four defects of criminal legislation and t twojudicature difficult positions in the Opinions. As a new law, defects are inevitable.There are some provisions which are fuzzy, difficult to understand and not reasonable.The existence of defects has an influence on the explanation of criminal technologyperformance in reality, and may make the important components of the bribery crimein a difficult circumstance where they break away from the original principle of crimelaw provisions, which shall be promptly pointed out.The last chapter of this paper: Chapter Four, covers the content focusing on thelegislation defects and judicature difficult position existing in chapter three as follows:Firstly, the author writes most of the paper to discuss the improvement of the criminallegislation in our country; after a great deal of research and demonstration, the authorthinks that the Opinions should cancelled the restrictive provisions, such as “for the benefit of others”, and make those untypical or disguised forms of corruptionbehaviors existing in the society, which also damage the honesty of public offices,into the punishment range; Expanding the range of the bribe, which covers all illegalinterests that are integrated into the bribery crime object; cancelling the importantelement " to get illegal interests", which not only guarantees the justice but also isbeneficial in the process of bribery investigation, and enhances the effort attackingagainst bribery crime, which is helpful to containment and prevent bribery crimefundamentally. Secondly, the author puts forward some concrete ideas to solve thejudicature difficult position existing in Opinions. Theoretically, there are two oppositeopinions about whether non-property interests can become the object of bribery crime.In my opinion, under the current circumstance, we should strictly follow the relevantprovisions of the current criminal law in our country without breaking away from thecrime provisions of the legal principles. Of course, this does not mean that the crimeof accepting the non-property interests should be punished, and it should be inaccordance with the principle of legal punishment, that is, it should be processedaccording to the relevant provisions of China’s current criminal law. For the crimeamount and crime form of the property without transfer procedures, we shouldanalyze such specific case separately, that is, neither indulging crime nor punishingthe non-guilty.After the research of some relevant disputes and knotty problems, the authorbelieve that it may cast new light of the new-type of corruption in order to achieve anew height, a union of recognition, a clear boundary, and take off “legal coat”new-type bribery crime.