Research On The Structural Factors Of Taking Bribery By Non-Government Employees

Non-Government Employees Taking Bribery is a new charge of crime established by the Supreme Court and the Supreme Procuratorate according to the sixth amendment to the Criminal Law. Previously the charge was company and enterprise employee taking bribery. Once the charge was established, there are lot of arguments on the object, subject, subjective and objective aspects. In order to sort out these arguments, the Author did the analysis. This article is in three parts and is about twenty-seven thousands words.In Chapter One, the Author discussed the subject of this charge. Just like the name of this charge has suggested, the common ground of this charge and the charge of bribery should include all natural persons who betrayed their duties. So the critical question is how to define"other units"and"government employees". The definition of"the other units"will help to clarify that except independent person, all employees of a organization could be the subject of the bribery if there is trade between money and duty. And the definition of"government employees"will help to separate government employee taking bribery from non-government employee taking bribery.Chapter Two is an analysis on the subjective aspects of this charge. The Author believes that this charge can only be based on direct intention and the person being charged should clearly know his/her behavior to ask for bribery or accept bribery, and also the nature of such behavior. Then the bribee took the bribe while knowing all these. Based on such criteria, the Author did the research on friendship related bribery and afterwards bribery. The author also studied whether this charge could be based on indirect intention or not.In Chapter Three, the Author discussed the objective aspects of this charge. From the provision, the subjective aspects of this charge include"taking the advantage of duty","asking for money or property, or illegally taking money or property","for other's benefits in return"and"the amount is huge". Only all these four aspects are all exist, such charge is valid. The Author thinks"taking the advantage of duty"should only apply to directly taking the advantage of ones own position, not apply to indirectly taking advantage of ones own position or taking the advantage of any previous position or future position. And for"asking for money or property", the money and property should only be the property benefits. And"for other's benefits in return"is the common aspect for both asking and taking bribery. And"the amount is huge"can refer to relevant juridical explanation but the bribery amount should not be the only threshold for the charge but need to consider both the amount and scenario.