Study On The Error Of Fact Recognition In Bribery Crime

The complexity of the constitutive elements of the crime of taking bribes makes it difficult to determine the nature of the relevant behavior.In China’s criminal law,the bribery crime system is complex,the constitutive requirements of the provisions are also relatively special,the actor is prone to the relevant facts or legal provisions are not clear content of the wrong understanding.The study of factual error is one of the most important topics in the theory of criminal law,which has a certain influence on the determination of intention,charge,attempt and responsibility of criminal ACTS.However,in contradiction with the theoretical needs of China’s judicial practice,the theoretical circle of the criminal law has relatively little research on the specific crime or a certain kind of crime.In this paper,combining with specific cases,the author sorts out the factual errors and relevant disputes in the crime of taking bribes,looking for ways to deal with the problem,so as to better solve the problems in the judicial practice.This paper is divided into four parts from the structure: the first part is the brief introduction of the case and the existing problems,mainly introducing the specific case,the focus of the dispute and the existing problems.The existing problems include whether the wrong understanding of the target of bribery affects the value evaluation of the behavior,whether the wrong understanding of "the convenience of duty" hinders the purpose of accepting bribes,and whether the wrong understanding of "seeking benefits for others" affects the establishment of the crime of taking bribes.In the second part,the object cognition error and the behavior value evaluation,mainly from the "bribery object" whether or not and the size of the cognition error,as well as the "bribe to be solicited" in the crime of bribery from the perspective of the cognition error of the object cognition error.The third part of the "official convenience" of the understanding error and bribery intention,from the concrete and abstract understanding error perspective,to study the "official convenience" of the understanding error on the influence of bribery intention.The fourth part is about the wrong understanding of "seeking benefits for others" and the establishment of the crime of taking bribes.It mainly starts from the wrong understanding of "others" and "interests",and studies the influence of the wrong understanding of "seeking benefits for others" on the establishment of the crime of taking bribes.Through the study of the above problems,this paper aims to clarify the influence of the fact recognition error in bribery crime on the behavior identification and the conviction and sentencing.