Research On Several Problems Of The Crime Of Accepting Bribes

As one kind of both ancient and modern crime, the crime of accepting bribes has received great attention from all modern countries and has become one of the focuses of cracking down professional crimes in our country. The fact that governmental working staff take the advantage of their posts to serve for the personal purposes of the bribers with the condition of illegally receiving and demanding other's money and stuff impinges on the incorruptibility of the posts and does harm to the honesty system. Due to the complexity and specialty of the crime of accepting bribes, there occur different kinds of problems in practice resulting in many differences on the several important theoretical problems of this crime. Based on this, this article does the research on the several problems in the assumption of the crime of accepting bribes and puts forward personal opinions so as to play some role in the criminal legislation of the crime of accepting bribes and the theoretical and judicial performance of the crime of accepting bribes. The article consists of five parts: The first part of this paper discusses the crime of accepting bribe's problem of crime objective, that is the problem of "bribery". The author thinks that confining bribery to property benefit is necessary, feasible, and not violates the spirit of legal conviction principle. According to the content of bribery, it has the following characteristics: property, bribery should be goods or property benefits, a kind of tangible or intangible goods or property benefits that can be calculated and measured by currency scale; correlation between bribery and post, bribery should be goods or property benefits demanded and taken by the behavior through his post; correlation between bribery and seeking benefits, bribery should be goods or property benefits demanded and taken by the behavior at his post convenience to seek benefits for others. The second part is the crucial one in the article, which mainly talks about the problem of making use of the convenience of the posts. There are three kinds: making use of the convenience of the personal post, making use of the convenient conditions in the personal authority or social status and making use of the convenience of the past and future posts. According to the writer, firstly, "making use of postal conveniences" refers to making use of the power within the personal duty, including the personal authority in managing, taking charge of and undertaking certain public project as well as the attached authority of other governmental working staff who have the restricted and subordinate relations with the person. This has two implications: one is making use of the authority within the personal duty and the other is making use of the convenient conditions resulted in the authority within the personal duty. Secondly, the behavior of making use of the convenient conditions of personal authority or social status is the mentioned intervention bribery. The fact that the behavior receives worldly goods to gain dishonest benefits for his client by making use of the postal convenience of the third person is the possible intervention bribery. It has five assumptive and possible conditions: one is whether the behavior has certain post; the second is whether the behavior manifests that he or she wants to gain the dishonest benefits for the client through his or her own authority or social status when he or she accepts the demands of the client; the third is whether the behavior use his or her own authority or social status to influence the third person when requesting and demanding the third person; the fourth is whether the third person bases on the behavior's authority and social status or a purely natural relationship when he or she promises to accomplish what the behavior demands; the fifth is whether there exists a purely relative and friendship relation between the behavior and the third person. Thirdly, making use of the convenience in past and future posts refers to making use of the convenience in the past post or mak...