A Study On Crime Of Accepting Bribes

In the period of economic and society transformation, crime of accepting bribes is one of the important crime forms in China, and it is the familiar forms of the state personnel's duty crime. So it is serious problem to study how to control the crime of accepting bribes by criminal legal means.On the basic of the research on the abstract, subject of crime, subjective and objective element of the crime and other problems in determining the commission of a crime, etc. This dissertation expands the following problem:Part one: According to the development and traditions of legislation in China and foreign countries, this dissertation summarizes the concept of crime of accepting bribes. It also generalizes and analyzes the crime of its cause of formation and characteristics.Part two: Though analyzing the characteristics of the subject of crime of accepting bribes, this part reveals the connotation of "performing public affairs "and generalizes that the subject of the crime are state personnel and quasi state personnel.Part three: The mens-rea of guilty of crime of accepting bribes. This part analyzes the function of the factors of consciousness and purpose in determining the constitutive requirement of the crime.Part four: The characteristic of the object of the crime. The author put forward some opinions: considering the practical needs of punishing the crime of accepting bribes, some related aspects in criminal law should be modified because seeking profits for others is not suitable to be regarded as necessary elements of the crime; in determining the crime of accepting bribes, subject matter of the crime should include both material interests and nonmaterial interests; for "taking advantage of one's position" in criminal law shouldn't be explained as taking advantage of one's job, in general condition, the link of causation is that of acting.Part five: The dissertation draws the conclusion that whether accepting bribes or notis the standard for judging whether the crime has been accomplished or not; state personnel and quasi state personnel should be one of the subject of joint offence. When the crime ties with other crimes, the more serious one should be chosen to punish.Part six: It also generalizes and analyzes the crime of its cause of formation and characteristics. Prevention through the system itself is way to prevent the crime while stern punishing is subsidiary measures.