The Study On The Issues Of Non-national Staff Of Taking Bribes

Non-national staff of taking bribes in 1997, "Penal Code" Article 163 companies, is on the basis of the crime of accepting bribes committed by an employee of a company or enterprise, after the changes of "Criminal Law Amendment (6)" to come. Original sin, called the crime of accepting bribes committed by an employee of a company or enterprise, is from the 1997, "Criminal Law" of the general crime of bribery. Our country went from a planned economy to a market economy in that time, with the development of economy, some non-companies, enterprises, economic organizations comes in large numbers, such as private hospitals, private schools, partnerships, sole proprietorships, various societies, chambers of commerce, associations and so on, these institutions, economic organizations in the non-national staff used his position to solicit or accept bribes, if accordance with the 1997 "Criminal law" is very difficult to conviction. The legislature in order to adapt to the market economy where the anti-commercial bribery, it's need to establish this crime. If a country's economy will grow and prosper, it must build a healthy market competition order. Therefore, to standardize the market order to create a social credit system is sound, fair and orderly competitive market environment, in order to go further promote and establish good governance in the country, and to accelerate the healthy development of China's social and economic. In recent years, along with the vigorous development of China's market economy, all kinds of crimes harmful to the development of a market economy also on the rise, especially commercial bribery have become increasingly rampantly, for this reason, in 2006, "Criminal Law Amendment (6)" to companies, enterprises the main body of officers taking bribes extend to companies, enterprises or other units of staff, and November 6, 2007 into effect the "two high-set offense Supplementary Provisions (c)" in the company, corporate officers taking bribes to change for non-national staff of accepting bribes. The article will be in four parts to make research of the non-national staff of taking bribes.The first part is an overview of the non-national staff of accepting bribes, firstly, it discuss the concept of crime and the crime of the necessary legislation. Secondly, we find that this crime exists in controversy necessary to explore, sort out the views of parties to the dispute and to clarify their views, at last sum up the significance of study the theory and the practice of this crime. The second part of the non-national staff finds that the crime of bribery, firstly, detail the description of this crime consummated, attempted, and the suspension of the assessment standards and boundaries and identify the correct forms for different offenses of this crime, and put forward their own point of view. Secondly, the boundaries of this crime is discussed in this paper, citing three kinds of behavior of this crime is easier to identify in practice.The third part of the non-national staff of taking bribes joint criminal identification, first of all, to have their status and the non-identity of complicity between the definition of the interpretation, and secondly, study the status of different types of complicity between the definition of the relationship.The part IV is divided into improving the non-national staff of the legislative proposals for this crime, the author set the penalty for this crime put forward its own views on irrationality, and improve the property of this crime penalties and fines sentence to put forward their own proposals, while I believe that this crime should be increased to set eligibility punishment.The article is on the basis of extensive information-gathering, combined with judicial practice, the staff of central states thinking of specific cases of taking bribes, using comparative analysis and empirical research methods, found that this crime issues is in-depth analysis and research, with a view to initiate and to make a contribution to the building of China's criminal law.