The Study On Differentiation Between Bribery Crime And Fraud Crime

The crime of acceptance of bribes has always been a hot spot of academic research and a difficult point in practice.Since the Eighteenth National Congress of the CPC,the issue of duty crime once again become the focus.At the same time,the distinction between the crime of taking bribes and similar crimes is a subject that is worth studying.In terms of constituent elements,there is a big difference between the crime of accepting bribes and the crime of fraud.Under normal circumstances,the two charges are not easy to be confused.But in judicial practice,it is easy to produce joinder when determine the nature for behaviors,and this brings great difficulty to make distinguish between two crimes.The problem is that how should we determine the nature for the behavior that public officers use their position to seek benefits for others with false promises.There is no clear rule and method for this problem in the Criminal Law of the P.R.C.This paper is divided into four parts to solve the problem,with the method as the angle of view.The first part is the distinction between the crime of accepting bribes and the crime of fraud.First of all,the article will make comparison between the crime of accepting bribes and the crime of fraud at the aspect of constitutive elements of a crime;Secondly, through the comparison,we will find that There is a big difference between the two crime on the surface. So it is not easy to be confused under normal circumstance.But when it comes to the behavior that national staff make false promise to seek benefits for others, it will bring difficulties to distinguish and make lots of disputes in judicial practice.The second part is the analysis for the reason why there exist lots of disputes.The authors hold the view that the main reason is that there is no uniform standard and distinguishing method in our country nowadays while separating from whether there is a post office is too mechanical.The third part will use “step analysis method” to make distinguish between the crime of accepting bribes the crime of fraud.Step one is to clarify whether the actor has taken the advantage of his position. Step two is to find out how the actor get property.Step three is to analysis the factor of time.Then,the author will take a case in judicial practice as an example to illustrate the application of the method.Finally,give a simple summary.The behaviors that public officers do not use their position to accept property with false promises and that public officers use their position to accept property with false promises are concordant with the constitution of the crime of fraud. While the behaviors that public officers make spurious promise after using their position to accept property and that public officers use their position to request for property are concordant with the constitution of the crime of bribery.The forth part is conclusion.This part combines the theory and obtain the enlightenment of solving the problem of determining the nature of two crimes. The difficulty lies in whether the actor has taken the advantage of his position.The key point is whether the purpose is to receive property or to seek benefits for others.Using the previous three steps to solve the difficult problem,grasp the key,can we accurately determine the crime of bribery and fraud.