On The Crime Of Non State Staff Taking Bribes

Non national staff bribery crime is in June 2006 through the "criminal law amendment(six)" in a newly established charge,established before the charge for the 1997 "criminal law" 163 rd provisions of the company, enterprise personnel bribery. This crime has a great debate in the criminal law theory and judicial practice, which has important research significance. To in the judicial practice of accurate grasp of this crime, criminal law provisions, in accordance with the law against commercial bribery in economic activities, this paper to bear Moufei national staff bribery case as an example,carefully combed out the case of the three focus of controversy, and the focus of controversy as cuts into the spot, in-depth study of the nature of the crime of bribery of national staff, the establishment of surrender and renders meritorious service the establishment of non- in this case.This paper is divided into three parts.The first part is the case introduction and main points of dispute, a brief description of the bear Moufei national staff bribery case case and a focus of controversy.The second part is the case analysis, which is the main part of this paper. The first narrative of the case analysis of the focus of controversy: Xiong's behavior constitutes a non national staff bribery crime or the national staff bribery, through the criminal law theory analysis, the fact that the three part of the case analysis, in-depth study of the basic elements of the crime of non national staff bribery, to clear the identity of the main identity of non state staff, after the analysis of the criminal law theory and case analysis, finally concluded that the bear in this case should be set non national staff bribery. Case analysis part followed the narrative is the focus of controversy in the second comment: bears a certain whether the establishment of crime, also by criminal law theory analysis, factual evidence to identify, case analysisof three parts to elaborate, in-depth study of the surrender, and finally draws the conclusion: the case in bear the behavior of a set up to surrender. Case analysis part once again expounded is the focus of controversy three: the case whether the establishment of crime, through the analysis of the theory of criminal law, factual evidence to identify,case analysis of three parts, in-depth study of the situation of establishment of meritorious, and finally draws the conclusion: the case in bears a certain behavior establishment renders meritorious service.The third part of this paper is the thinking and suggestion, the thinking and the suggestion part first put forward some problems in the judicial practice of the crime of accepting bribes in the judicial practice.