| Taking bribes from state functionaries with statutory alienation, the specificity of the exercise of state power, and in the summary, respectively, in the comments to close relatives,specific party(referred to as "related person") concept to distinguish the relationship with the state personnel constitute a joint crime elements, in the body of close relatives, specific party and criminal law amendment(7) in the close.Main area showed a trend of increasing, after people close put forward the concept of specific participant the range listed in the form completely can be replaced from the real concerns of people close,But since people close concept put forward the applicable case, the sociology of the concept of property does not refer to measurable, do not have the judicial operability, Based on the evaluation of criminal law under the premise of crime rather than criminal, put forward the above concept for party unity, Participant is essentially affected state personnel act or omission must be duty behavior, The first objective in the neutral is not included in the main area of human relationships, As a standard of judgment and behavior intentionally, do afterwards To solve the people close in applicable has been criticized by fruit back for evaluation of the path, The enlargement of the range on the one hand and China signed the United Nations convention against corruption, on the other hand, relationship among of expanding the range of within the framework of theory of joint crime is not unlimited expand the breadth of bribery crime, it can solve some problems of existing rules cannot.In the party and state personnel constitute a joint crime,Subjective aspect to the offender has illegality cognition of corruption Subjective content have the use of state personnel authority behavior and the entruster s property of price and trading of common understanding and knowing, but knowing that don’t need to this process is known, to sum up the common crime, in the common deliberately degree is higher than general level of joint intent of conspiracy to sense.namely the relations and national staff on both sides of the communication, to exclude the existence of one-sided accomplice in the common bribery. In the form of bribery joint crime,Given the party’s non-state staff identity, its itself cannot be substantial trade her power involved in bribery crime behavior, The practice of joint crime behavior should be embodied sin,But the behavior of composite properties, must therefore reflect object of this crime,So the party can’t constitute bribery accomplice perpetrator, abettor and help make only. And assumption of criminal responsibility only according to the role of the offender in joint crime for specific analysis. |
