On Some Issues About The Joint Bribe-Taking

At present, the number of bribe-taking cases has increaseddramatically and has taken on the characteristics of being wide-spread,group complicity, and in addition, it also involves large amount of moneyand high ranking persons. However, the number of joint bribe takingcases only takes a small portion. This article focuses on eight aspects,fifteen questions of this particular crime, in which the author have doneresearch by way of visiting government authorities, inquiring experts andscholars and reading materials in this field. In respect of the subject of the crime of joint bribe taking, it can beclassified into two categories: First of all, non-government employees canbe counted as the subjects of the said crime and government employeestogether with employees of the company may also involve in thecomplicity of bribe taking, in which case they shall be sentencedaccording to the more serious crime of the two. 5In respect of the object of bribe taking, there may involve threeaspects. First, the acts of non-government employees cannot be dulyconsidered as the joint actor of bribe taking. Secondly, non-governmentalemployees who commit the crime without taking advantage of theirposition, cannot be considered to have commit the crime of joint bribetaking. Thirdly, government employees instigate non-governmentalemployees to ask for bribe, in which case the government employeesshall be regarded as bribee in action while non-governmental employeesas helpers. Fourthly, as for those government employees who arewavering but are ultimately strengthened in his intention to commit thecrime by the incitement of the words of others, they shall be regarded asinstigation rather than acts of helping. As for the subjective aspect of joint bribe taking, two aspects shall beconsidered. Firstly, the willful intention of the family members of thebribee in committing the crime shall be determined as per the actualcondition. Secondly, in case the government employees designate to givehis property to a third person with close relation to him, it is therebydetermined that the said government employee has the willful intentionto commit the crime, whereas the intention of the relevant third personshall be determined as per the actual situation. With regard to the objective aspect of the crime of joint bribe taking,three points shall be clarified. First of all, there shall be no one setstandard for the determination of accomplished crime of joint bribetaking; Secondly, in determining the bribery amount and the criminal 6liability related thereto, the total amount of the bribery shall be the mainbenchmark. In addition, the actual situation shall also be considered asrelevant elements in determining the crime.