Several Problems On Complicity Of Bribery

In this thesis, the author researches four problems on complicity ofbribery, combining his work practices. Firstly, the author researches the composition of the complicity ofbribery. In the aspect of subject, the primary difference in the cognitionis that whether the non-national worker can constitute the accompliceof bribery. The author generalizes the negative theory respectively withthe standpoints of the affirmative, and analyzes the shortcomings ofthe negative theory and the reasonable points of the affirmative. Theauthor thinks, according to the basic theory of complicity in the generalprovisions of china's criminal law and the current research results ofthe interpretation to criminal law, the non-national worker canconstitute the accomplice of bribery. In the aspect of subjectivity, theauthor generalizes the subjective conditions theory of the complicity ofbribery, according to the subjective conditions theory of complicity andbribery, points out the concrete contents of the cognition factors,formation path, and analyzes different standpoints. In the aspect ofobjectivity, the author generalizes the objective conditions theory of thecomplicity of bribery, according to the objective conditions theory ofcomplicity and bribery, indicates and analyzes the behavior factors thatmust have in composing the complicity of bribery. Secondly, according to different demarcation standards, theauthor generalizes the complicity of bribery in judicial practice to sixkinds of main expressive forms: One is national workers taking bribestogether and national worker taking bribes with non-national worker;Two is the complicity of bribery seeking benefits for others afteraccepting bribes and the complicity of bribery accepting bribes afterseeking benefits for others. Three is the complicity of bribery inincumbency and the complicity of bribery after demission. Four is thepremeditated complicity of bribery and the complicity in the course of　 ５２　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　bribes taking. Five is the simple complicity of bribery and thecomplicated complicity of bribery. Six is the complicity of taking bribesand perverting the law and the complicity of taking bribes and notperverting the law. The third part of the article primarily is to affirm the complicity ofbribery. In this part, firstly the author classifies the accomplice of thecomplicity of bribery. Concerning the instigator and the accessory ofthe bribery, savants have reached to common opinions basically,existent disagreements are the cognition of the co-executor of bribery,and namely whether the non-national worker can constitute theco-executor of bribery. The author generalizes the standpoints of thenegative theory and the affirmative, and analyzes the shortcomings ofthe negative and the reasonable points of the affirmative. The authormakes a conclusion that the non-national worker can constitute theco-executor of bribery, after analyzing the features of the co-executor.According to this classification, the author subsequently affirmsrespectively the national workers taking bribes together, the nationalworker taking bribes with the company, enterprise employee together,the national worker taking bribes with family members and relativestogether, the national worker taking bribes with others together. In theaffirmation of the national workers taking bribes together, the authoranalyzes the different circumstances respectively, especiallydistinguishes the national workers taking bribes together withmediation of bribes taking. In the affirmation of the national workertaking bribes with the company, enterprise employee together, theauthor analyzes the different circumstances respectively, among them,adopting the principle of the theory that partial crime into complicity,namely under the situation of constituting complicity, convicti...