The Practice Problems And Solutions Of Mediation Briberis

In the criminal law in the year of 1997 in China,the mediation bribery is regulated in the 388 th,which is expressed as: national staff uses convenient conditions which are got through authority or status and other personnel by means of his work position to seek illegitimate interests,claim or accept of property as trustees,which is punished for taking bribes.Although the legislation has been stipulated,there are a lot of not clear,difficulties to master in the process of practice.The paper mainly focuses on five problems in practice.The first part mainly discusses what is using authority or status to gain convenient conditions.Through enumerating the different theoretical understanding,based on the advantages and disadvantages of different points of view,proposing the standard of using authority or status to gain convenient conditions.The second part is to explore key elements of illegitimate interests.Not only Theorists have different views,but practitioners give their own standards for the understanding of illegitimate interests.After weighing advantages and disadvantages of different views,the author put forward his own point of view.In this section,the author discusses the possibilities of abolishing key elements of illegitimate interests.In the third section,through four typical cases illustrate the differences between the mediation bribery and the general bribery,introduced bribery,leaving the line of taking bribes,using influence bribery and explained from the theoretical level,how to distinguish between the mediation bribery and these four crimes.In the fourth section,the criminal liability of the other state functionary in the mediation bribery has been described.In which standard the person constitute bribery or constitute crime of dereliction has also been described.In the end of this part,introducing the treatment of the responsibilities coincidence.Part V discusses how to judge the mediation bribery is finished or not.The standard of accomplishment of bribery is a reference for the standard of the mediation bribery.And a case is introduced to illustrate the standard visually.