The Practice Problems And Solutions Of Non-national Staff Briberies

Non-governmental Staff Bribery Crime, whose predecessor is the crime of takingbribes by company or enterprise personnel, issues from the process of commercial tradeand economic exchanges. And it is referred to in The United Nations convention againstcorruption as Bribery Crimes in privately operated business. The scholars in CriminalLaw have already made a lot of studies about the Bribery crime, which were oftenmisunderstood as the Commercial Bribery crime. However, Non-governmental StaffBribery Crimes itself is different from the Commercial Bribery crime. Non-governmentalStaff Bribery Crime is an incomplete definition of a crime. And with the development ofour society, there are always new problems arising, causing loopholes to the Crime. Thisarticle will analyze the five parts in practice through some cases.The first part will be for the problems and solutions to the subject of the Crime.Some aggressive issues will be analyzed through the typical cases in our daily life, suchas the case about reporters’ bribery, how to cognizance the subject of this crime whenmedical institutions’ right of management combined with its right of prescription andwhether the institution itself can be identified as the subject of this crime.The second part will focus on issues about the non-state staff to facilitate the use ofindividuals who were taking bribes. Firstly, the difference between “post” in this crimeand in Bribery Crime will be analyzed through practical cases, in order to identify this“post”. Secondly, through the analysis of the typical cases, the arguments about doctorstaking money from his patients and teacher from parents of his students will be identified.Finally, whether issues about the non-state staff to facilitate the use of individuals takingbribes indirectly can be considered as a part of this crime will be discussed.The third part is about the analysis of the scope of bribery. Through the cases, I willanalyze the some practical theories. And then I will discuss about the scope of briberywith some existing laws. At last, I will talk about whether non-property profits can beincluded in to the scope.The fourth part is about the problem of the understanding of this crime “earninginterests for others”. First, the valid time of this crime will be confirmed. Second, someimportant elements of “earning interests for others” will be analyzed through threeaspects about the relationship between demanding bribes and earning interests for others, the elements of the earning interests for others and the cancel and reserve of earninginterests for others.The fifth part is about the issue of complicity in Non-governmental Staff BriberyCrime. By analyzing a few small cases and some existing laws, I will identify the issuesabout joint crime through two aspects—some governors taking bribes together withnon-governors and governors taking bribes together with workers in some companies,enterprises or other working places.