Qualitative Analysis On The Behavior Of A Nationalized Bank Clerk’s Receiving Crash Gift

In recent years, as to crack down on bribery crime, bribery, forms of becoming more secretive, diversity, makes in the judicial practice, penalties for bribery crime determination,more complex and difficult. "Accepting gift type bribery" belongs to the one of this kind of situation. "Receive gift" and human interactions in everyday life has a lot of similarities, in practice it is difficult to accurately to that of "accepting gift" type of bribery, resulting in the behavior it is difficult to the corresponding rules and regulations. Based on Chen Mou bribery case as an example, this paper discussed whether the "accepting gift behavior constitutes bribery," return to bribe behavior "in practice and in taking bribes should decide how to surrender. Through the study of these problems, to strengthen the understanding of the new way of taking bribes, perfecting the regulation mode of new type of bribery, so as to ensure correctly recognized bribery in the judicial practice.The full text of about 23000 words, in addition to the introduction, main body is divided into four parts:The first part: the basic situation of the case. Disputes include the cause of action, the case is introduced, and the focal point of controversy.The second part: the legal analysis of the related problems. This part analyzes the components of bribery. The main elements in the "other persons who perform public service in accordance with the law" is analyzed emphatically, and think whether "on duty" is an important standard for determining bribery main body status. For and made the analysis of "accepting gift behavior", and discuss the problem accepting gift behavior punishment, think of accepting gift behavior can serve as a special kind of objective behavior of taking bribes mode is punished, don’t have to set a new and different charges. Also expounds the theory of "return bribe behavior" of taking bribes as surrendered and related issues, says that for surrender should be comprehensive objective behaviors and subjective psychological behavior person, accurately grasp the surrenders, "automatic" and "truthfully confesses his crime".The third part: the research conclusion to the case. This part is mainly on the basis of the above analysed Chen Mou behavior analysis, in the case that Chen Mou constitute bribery,the accepting gift behavior should also be considered bribery, Chen Mou is not legally prescribed in the plot.The fourth part: the case of revelation. This part is mainly based on the above summary,proposed should improve the understanding of a new means of bribery, and put forward should strengthen the legal regulation of "feeling investment" bribery, so as to strengthen the prevention of bribery.