Whether There Is Accepting Property Afterwards In Bribery

In present society,Bribery has been one of the most frequent and harmful crimes.Accordingly,there are many scholars research the bribery.Unfortunately,few of them pay attention to the acceptance of property afterwards included in bribery.Initially,the people’s awareness to the acceptance of property afterwards originated from a famous bribery case in which the litigant Chen Xiao who accepted property afterwards was judged to be innocent by Hefei intermediate people’s court in October 1998.It raised a high concern among the public and scholars because of the protest of the Hefei procuratorate and the reveal of the news media.The focus of the debate was not about the detail of case or the evidences,but whether the court should judge the behavior of accepting property afterwards to be bribery or not.Eventually,the Hefei intermediate people’s court delivered the guilty verdict after the Anhui higher people’s court remanded for retrial.However,the argument about how to determine the quality of accepting property afterwards still carried on.In this paper,we will debate the acceptance of property afterwards without prior agreement.There are different theories such as positive theory,negative theory and different situations theory about whether the acceptance of property afterwards without prior agreement should be judged to be guilty in academic circles.Moreover,there even are different opinions in each theory.Although all of the theories agree that the essence of bribery is power-for-money deal,the scholars do not have a unified definition that whether the acceptance of property afterwards accords with the characters of power-for-money deal.The differences in the concepts cause a lot of difficulties during the judicial practice.One of the problems created by the debate is that there is hardly theory to support the court to judge some behaviors of accepting property afterwards as bribery and this is convenient to criminals to escape from the legal sanctions.This problem is extremely harmful to the development of country and society.Through researching the issue about how to determine the essence of accepting property afterwards is extremely significant to the legal theory and practice.It not only can provide some lines of thinking to the development of criminal law,but also build a rule for legal practice to judge whether bribery suspects should be judged to be guilty or innocent.In some extent,it is also can prevent the criminals escape from the punishment because of the misconception to the law.In this article,I will commence a discussion with the interpretation of concept,features and definition about acceptance of property afterwards.In this discussion,I will enumerate the types and several kinds of theories of accepting property afterwards,and analysis the differences among these theories and the focus of debate.And then,I will demonstrate that it accords with constitutive elements in the objective aspects of bribery and the essential characters of power –for-money deal that the behavior of accepting property afterwards infringes the legal interests which are protected by the law of bribery crime.Through all the items mentioned above,the conclusion that there is indeed acceptance of property afterwards in bribery will be obtained.Eventually,I will elaborate my opinion to the some scholars’ idea that the legislature should utilize the foreign criminal law to divide the Chinese bribery crime in detail.