| Although research on bribery crimes of Criminal Law has been lasting a long time, there are not too much research on the objective element of bribery crimes, "taking advantage of his position", which is the most important and essential element of bribery crimes. Most scholars analyze it that depends on the whole objective criminal elements of bribery crimes. The specialized studies of identified problems about few “Taking advantage of his positon” criminal elements are scattered. The research depends on views and arguments of identified problems from domestic and overseas scholars, to analyze comprehensively and study, strive to achieve total and rational analysis of identified criminal problems on “Taking advantage of his positon” in bribery crimes.Since the 18 th National Congress of the Communist Party of China, under the background of the highly attention of the anti-corruption work, propose legislative proposals to solve the difficult problems in practice, it is better based on Chinese legislation and the current situation of judicature but not extraterritorial experience.Through the comparison of analysis between the specifically national conditions and basically of background extraterritorial legislative, and analysis of different views of academicals world, then provide the feasible theoretical directions to solve the actual difficulties.In this paper, the study topic is the identification of “Taking advantage of his position’’ in bribery crimes, starts from the difficult points and disputed views of“Taking advantage of his positon’’ in bribery crimes. The range of study is clearly in primary and secondary aspects, for the key analysis of the difficult problems in the judicial practice and the existed different arguments in the theory. The arguments in this paper about the subject of my study, it is not only analyzed objectively about bribery crimes, but also combined with the protected benefits of bribery crimes, to analyze comprehensively on bribery crimes. |
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