| In recent years, with the development of the social economy in China, the market competition mechanism of survival fittest is maturing. Various economic interests temptation to corrode the integrity of public officer’s duties also become a subsidiary of the "product" of the economic field and spread in the whole society, led directly to the crime of bribery in high-fat, prone posture,"ants greed" cases are more and more, the hundreds of millions, tens of millions of major cases are also showing a significant improvement, the social credibility of the public officer has suffered serious doubt. But it is inconsistent with the downward trend of the bribery crime investigation and handling work of procuratorial organs,especially using the office, but the behavior of means and ends with nothing of the bribery crime, it is apt to cause controversy between crime or not, this crime and other crimes.After a long struggle, the legislative and the judicial system of our country has been a more complete theory of cognitive and judicial practice in the bribery crime, and timely regulating new bribery crime when ocuring the new situations and new problems of emerging economic and social, make sure that the bribery crime can be severely punished. No matter the accepting bribes crime means renovate or not,the contents of the bribery crime change or not, as the focus of the prosecutors investigating, bribery crime can not always cover up as profit-making,the "trading power for money"for others to seek illegal interests, and as long as strictly control the substantial elements of the bribery crime,it is impossible to escape the law. But poking phenomenon fog, although we can easily find the means of the national staff acts, which use the positions convennience, but they have used other means except extorted and bribe to achieve for their own profit-making purposes, it is impossible positions crime, but the other types of crime. Judicial practice, the procuratorial organs think in general that this behavior is still a form of bribery crime, while ignoring the difference between behavior means, criminal purposes, as well as other objective elements aspects of the bribery crime, especially difficultly to grasp "for the benefit of others", makes boundaries blurred between crime and no crime. This article will focus on the practice of a case from the Legal Analysis Research. At the same time, try to make recommendations designed by analyzing the similarities and differences of the bribery crime and other crimes, producing certain positive significance on the prosecution accurately grasping the nature of the acts of bribery crime and effective Crimes Investigation work. This paper is divided into four parts, the first part focuses on the merits of the case as well as the focus of controversy, the second part is the basis of the analysis of the constituent elements as well as the division of criminal responsibility of the perpetrator to commit the crime, combination of procuratorial organs qualitative conclusions, pointed out that qualitative misunderstanding exists of the case review process, directly result that the processing of the case against the law, the third part through the common crime of accepting bribes, accepting bribes and adjacent charges distinguish depth, point out the wrong idea between the crime and no, this crime and other crimes, and analysis the wrong idea of bribery crime in the fourth part, by the legislative and judicial, perfectly make relevant recommendations to reach the final purposes, to ensure the bribery crime handled correctly. |
