Research On Mistakes Of Fact In The Bribery Crimes

Mistake of Fact is one of the important questions in the theory problem of criminal law which influence on affirming purpose, crime types, criminal Patten, responsibility etc. There are no relevant and clear rules in Chinese criminal code that was led to the misty statuses in the process of the specific cases. There are some researches on the impact and solutions of the Mistake of Fact which occur in specific crime type. In Chinese criminal code, the system of the bribery crimes is complex and the constitution of them is special which makes people have mistakes on understanding the facts or the laws easily. In this paper, the writer tries to answer the question about how the Mistake of Fact influence on subjective fault, criminal Patten, responsibility in the bribery crimes.The paper is divided to 3 parts for describing the questions.Part 1: First of all, this part discusses the classification system and doctrine of the mistakes in criminal law to clarify what is Mistake of Fact and where is the demarcation line of Mistake of Fact and Mistake of Law; Secondly, it discusses which classification system and doctrine be adopted in this paper and the research approach that take the elements of crime constitution as the angle of view; Finally, it will discuss the main occasions of factual mistakes in the bribery crimes.Part 2: It will discuss the main occasions and the solution of the factual mistake in the crimes of accepting bribes. Taking the elements of crime constitution as the angle of view, it will centre on the mistakes that occur when accepting object, seeking benefits for others or seeking improper benefits for others, taking advantages of one's own or other's position and bribe number; In the special subject of factual mistake on joint crime, it will discuss the factual mistake of joint principal offender and abettor and the solution through bonding the theory of joint crime.Part 3: The train of the thought of part 2 will continue. This part discusses the main occasions of the factual mistake in the crimes of offering bribes. It will centre on the mistakes which happen in the occasions of offering object, seeking improper or proper benefits, knowing the nature and scope of objects'power of office, and discuss the mistakes of negative elements of crime constitution in crimes of offering bribes. As the same as part 2, this part will factual mistake on joint crime and the mistake on the status of offering object will be the focal point.