On Some Issues Of The Crime Of Accepting Bribes

Chinese current criminal law defines crime of accepting bribes specifically:“government officers take advantage of their positions to obtain other people’sproperty, or illegally accept other people’s property for the benefit of others. Thisis the crime of accepting bribes.” This definition provides us with the most solidbasis and foundation to know, prevent and attack the crime of b accepting bribes.However, the law, after all, is only the most direct tool for our fight againstcrimes. And the law also has its own environment to emerge and rules to complywith. The law is only one kind of social rules. And it is formulated or approvedby the state. There are many other rules which play an important regulatory rolein social life besides the law, so we can not just look at the law regardless of thefoundation of law which leads the emergence of the law and which supports thelaw and makes the so-called law become the real law. The law is a norm thatregulates actions that endanger society, and it has a very close relationship withpolitical power. If we want a more profound understanding of the legal provisionsfor accepting bribes, we need to understand political power and power variationsystematically. Separation of powers does not necessarily control powerreasonably. There is no necessary link between the separation of powers and thecontrol of powers, because they are not at the same level. Separation of powersdoes not reduce the occurrence of corruption; on the contrary, it is more prone tolead corruption because of lack of supervision and restriction. In order to radically reduce the incidence of corruption, we must carry out supervision andrestriction of powers. The aim of analyzing of the crime of accepting bribes is touse the laws accurately during the administration of justice. However this is notthe best method. Only the establishment of a sound system can radically preventand reduce the crime of accepting bribes.