Research On The Common Crime Of Bribery Which Specific Stakeholders And National Staff Participate

" The specific related person", means close relatives and mistresses(lovers) of a State functionary and those with whom he\she shares an interest with."National staff refers to civil servants in state organs, staffs in state-owned companies, state-owned enterprises, state institutions and mass organizations, authorized public servants and other officers who perform public service in accordance with the law. The Supreme Court and the Supreme People’s Procuratorate have jointly issused Opinon designed to clarity certain issues relation to law on criminal bribery (the "Opionion" in short) in2007, integrating specific stakeholders into the subject category of bribery crime and defining circumstances which specific stakeholders constitute the accomplice of bribery. Criminal Law Amendment(7) which passed in2009added the crime of accepting bribe by influence, closely connected person could separately constitutes the "use of the influence of taking bribes". It further extends the main scope of bribery crime, changing the previous situation of punishing specific stakeholders as accomplice of bribery, thus providing powerful legal weapons for fighting common bribery crime under the new situation.Common bribery crime has both general characteristics of joint crime and its individual characteristics. Based on the complexity and diversity, specific stakeholders and national staff with common bribery intention and common bribery can jointly constitute either bribery crime or crime of accepting bribe by influence. The key element which criterion could be used to define the accomplice’ properties is to see national staff playing a what role in the common bribery crimes.When national staffs behavior can meet crime of accepting bribe by influence and also can fit bribery crime, it’s necessary to give a more heavier punishment to national staff according to the principle of "imaginative joinder of offenders should be inflicted punishment with one heavier crime". Under the circumstances, the specific related person and national staff will be convicted of bribery crime. With regard to punishment of joint crime of accepting bribes, we should take the sum of bribes accepted and the bribery plot into consideration. These two factors jointly decide what degree the actor should take the criminal responsibility and the circumstances of sentencing.