The Understand And Apply On The Crime Of Mediatory Acceptance Of Bribes

According to the 388th in Criminal law 1997: state personnel, who exploits his office or status forming convenient conditions and asks or accepts his petitioner's substances, via any other state personnel's functional act, to seek irregular profits for the petitioner, shall be punished for the crime of accepting bribes. Science of criminal law circles and enforcement body has different views on how to understand and master this clause. If someone could give some presentations and reasonable suggestions based on extensive debates and researches that draw the enforcement organization's attention so that they apply them to practice, it is of great importance theoretically and practically.As to the demarcation of regular profits and irregular profits, the understanding of forming convenient conditions by exploiting of reforming convenient conditions by exploiting one's office or status, the author puts some new opinions and suggestions and world be honor of they are useful to instruct and support theoretically the 388th clause in criminal law.This essay include three chapters: The first chapter is Object of Mediatory Acceptance of Bribe; in the second chapter, Irregular Profit; the third chapter is about Formed Convenient condition By Exploiting one's office or status .The author explains his understanding and determination on irregular profit, his meditation on seeking irregular profit in the crime of mediatory accepting bribes, and determination on the formed convenient condition by exploiting one's office of status, the retiring state personnel's formed convenient condition by exploiting his office of status ,omer state personnel's official acts and responsibility etc .