| The bribe-taking crime is the most serious crime of corruption. It reflects a "power-money deal". That is the national staff use their powers to benefit, and this will cause serious social harm. Party and government of our country have always attached importance to combat with bribe-taking crime, and have developed a series of legal provisions and relevant judicial interpretations. Those have made great achievements to curb the crime of bribery. However, due to the lack of criminal law, there still exist some confusing in understanding the crime theory, and still existing difficulties in judging the bribe-taking crime. This paper analyzes the judicial determination of accepting bribes to explain some difficult issues related to perfecting legislation.This paper is divided into four parts. From the basic constitute of bribes crime,the paper described the current legal regulations and judicial determination with the bribe-taking crime. In the first part, the paper described the main bribery offenses bribe-taking crime for judicial determination from two parts, bribery offense as the main, that is the four categories of national staff and the special circumstances that is retired national staff, non-national staff. In the second part, the paper described the judicial determination of bribery. Firstly, the paper described the common form and lack of judicial determination from two parts, asking for bribe and taking bribes. And then the paper described the special form and lack of judicial determination from two parts too, economic bribery and indirect bribery. The third part described the offense of bribery for judicial determination of the object. Based on the theoretical disputes and the review of the standpoints, the paper proposes that in our country the object of the bribe-taking crime should be "unfair advantage" or "improper benefits". The fourth part described the improvement of bribery Legislation. The subject of crime should be used "public servants" instead of "national staff"; "for the benefit of others" behavior should be canceled in objectively actions; "sexual bribes" should be convinced into the Criminal Code offense adjustment; legal punishment should be set on a separate legal punishment, also should change the punishment mode of the " stolen count on sin ", and should add fine penalty and abolish the death penalty as well. |
