The Study Of Legislative Cmparison Between Bribery And Dereliction Of Duty

Bribery crime and the crimes of dereliction of duty are two kinds of crimes. They are often appeared with each other, in judicial field. But there has no a conclusion about how to deal with this situation which is involved two crimes. On the one hand the scholars'ideas and understanding are not consistent in theory, on the other hand there is no unified and clear direction in legislation. There are some scholars who have the opinion that this crime can only be identified as bribery crime. At the same time other scholars think that this crime should be identified as graft of bribery crime and the crimes of dereliction of duty. At the same time for this situation there are a lot of views about how to identified the crime's quantity of specific crime. The view which think that this crime should only be identified as one crime includes joint of regulations, joint of imagining, implicated offender which is the most influential. After the promulgation of the amendment four of criminal law, there is a provision that this crime of Judicial officers should be given a heavy punishments. This regulation Is considered a certainty of implicated offender In legislation. This several theory explains this crime has its certain theoretical and practical basis, but have their unique problems difficult to overcome. This paper discussed the questioned of this crime which been identified as implicated offender and kind of this behavior should not be Explained according to the theory of implicated offender. Author is Supported the view of the combined punishment.This paper discusses the joint of bribery crime and the crimes of dereliction of duty are two kinds of crimes.The main line of the study is understanding of bribery crime and studying of the understanding of crime's quantity of this behavior from multiple angles. The correlation behavior of bribery crime Including the activities of accepting others'property and seek interests for others, may the involved two criminal charge of bribery crime and the crimes of dereliction of duty. This paper argues that in addition to the law clearly stipulates for such crimes are outside, this crime should be the combined punishment for Bribery crime and the crimes of dereliction of duty are two kinds of crimes.Firstly,we should specific analysis behavior's structure of bribery crime. The behavior's elements of bribery crime should not contain the behavior of seek the benefit of others in malfeasance crime. There is no coincidence between the activities of accepting others'property and seek interests for others in the correlation behavior of bribery crime. So we can come to coincide that there are two independent activities which are "wealth" and "profit" in the correlation behavior of bribes crime, shall be respectively evaluation. Secondly, from the legal interest which are protected by the legislation of bribes and malfeasance, these Legal interest are independent and no overlap.This sort of behavior violated two kinds benefit respectively, should be combined punishment according to bribes and malfeasance. This is the inevitable requirement of the protection of legal interest. Again, another manifestation which is the joint of bribery and malfeasance crime, this form of crime also known as bribery crime of favoritism type is discussed.The problem about crime's quantity of bribery crime of favoritism type is the same with crime's quantity of correlation behavior which is both discussing how to identified the number of crime which is the joint of bribes and malpractice crime, they are just two different ways. By identified the number of malpractices for personal gain type, we can understanding of the Shape of Quantity-in-crime of this kind of crime more comprehensively, we should apply to the combined punishment for several crimes to deal with such crimes without exception.