Corruption and powers the shadow follows the form is a worldwide problem.And the human society faces the problem together.Bribery crime is the most severe one of corruption crimes,involving a wide range.It is also one of the major problems,which is blocking the development both of economic and society for China in a long term.In general,the momentum of rising crime of corruption in China has been temporarily effectively curb,but on the other hand,corruption means with the development of social civilization and has a tendency of diversification,enhance the difficulty of fighting corruption.Especially national staff use the people aroundmistress,accepting property to circumvent the law of punishment,which not only increased the difficulty for state functionaries conviction,also led to the conviction of mistress,which is a dispute for the special group.This article attempts to from the perspective of clarify the focus of the charges were easily confused,combined with the analysis of the chaotic phenomenon in specific apply theory in order to draw a reasonable and effective suggestions,in order to improve the scope and depth of the crack down on corruption crime.This paper consists of three parts:introduction,text and epilogue.The content of the body will be mainly divided into the following three chapters.The first chapter mainly through revealing social phenomenon and introduces case to draw out the problem,which I will discuss and study on.Between,accomplice of acceptance of bribes and using the influence of bribes,there is some confusion to solve.And the problem is mainly about the national worker’s mistresses,who accept the property in the bribery cases.First of all,I introduces the preliminary state functionaries of the concept of "mistresses",from the perspective of social common sense,combined with the definition of legal sense,introduction and analysis of"mistresses" in the role of the bribery cases.Then introduce the judicial practice,the existing of "mistresses" was identified as what charges the disputed case,find out the disputed points,and present the problem:research on the relationship of accomplice of acceptance of bribes and using the influence of bribes.The second chapter comb on laws and regulations of dealing with "mistresses"who accept property in bribery cases,which is the main line,combined with the concrete case,the judicial application,summed up in this paper,the study of the differences between the two crimes and confusing points.According to the historical evolution and legislative changes,gradually clear in different circumstances for"mistresses" accepting property in the bribery cases of the rationality of the processing result and the deficiency,thus concluded that bribery accomplice and use of the necessity and feasibility of study on the relationship between the influence on corruption charges.In this section,in addition to the theoretical introduction of the change process of laws and regulations and applicable standards,also introduces some representative cases,combined with the focus of dispute in the process of trial,a more comprehensive reflected in this paper,we study the applicable differences between the two crimes and coincidence point.The third chapter is given priority to with comparative analysis,integrated the two part of the problem points to a relatively complete solution,and combined with"mistresses" accepting property in the bribery cases of specific behavior and the actual effect,in order to clarify the definition of bribery accomplice and bribes with influence between standards.Finally summarizes different situation for different effects of state functionaries "mistresses" charge as it should be recognized,in order to achieve the purpose of writing this article,that is,from the perspective of"mistresses" accepting property in the bribery cases,mainly for clarify the relationship between bribery accomplice and use influence on corruption charges,it is concluded that helps to improve the efficiency of the judicial practice and the unified standards of the relevant conclusions,to fight corruption more efficiently provide actionable advice. |