| In recent years, with anti-corruption crime intensified in China, criminal legislation for the crime of bribery have also been constantly revised and improved. But along with legislative enlargement, it also brings some inconsistece to the application of the law in the judicial practice. In the new situation,it is of significance to convict the crime accurately combining the criminal law as well as the related legislative explanation and the judicial interpretation.This essay mainly analyse how to convict the crime more accurately according to objective aspect of the bribery crime, the subject of crime, measurement of penalty.The bribery has the obvious duty violation, namely, the actor must have certain authority and abuse the power of it. To extort or illegally accept other's property must be convicted bribery. The characteristic of bribery is the trading of administrative power for money. No matter whether it isto extort bribes,or to accept bribes passively,the subjective requirement is to seek gain for others through misuse of the positions." abuse of the power of authority" in common bribery shouldn't include abusing the power of other public officials. When it is done like this,it will constitute an indirect crime.In additon, abuse the future power of the position is not included, but to abuse the power on one's own initiative or passively is supposed to convict the crime.To seek gain for others through misuse of the positions includes three different procedures:promise, conduct and fulfill. And it is the objective requirement,not subjective one.According to the present laws of our country, the target of the crime is limited to property, not including material benefits and others. The judicial interpretation of 2007 enlarged the targets. performance shares, trust financing, sinecure and other ten various forms are listed.The subject of the crime of bribery is the national staff. National staff, including staff of state organs and state-owned enterprises, companies and institutions and staff in the organizations. The staff that are managed by state-owned enterprises and state organs, as well as the persons who operate state property won't be the subject of crime of bribery. The retired staff and national staff that have been out of career, if there is prior agreement with briber, that accept property in the period of retirement or leave the post, constitute bribery. "Other personnel engaged in official business according to law" must be related to judicial interpretation and legislative interpretation of the provisions to determine. otherwise, the certain persons cannot be taken into the "others that engage in official business according to the laws." The relatives of national staff and the specific relationship accept bribes, and national staff if there is collusion in advance, and they all can act as accomplices to bribery conviction and sentencing for accepting bribes. If there is no common intent to accept bribe,it can not be handled by common crime. It is necessary to distinguish in different circumstances.Sentencing of bribery is mainly related to attempted bribery, surrender and meritorious service.The main criteria to distinguish attempted bribery is whether to accept the property or not. Attempted bribery in the judicial practice should be investigated. "Actively return ill-gotten gains" acts according to circumstances in the sentencing. "Actively return ill-gotten gains" refers to people after the incident, returning bribery to the state actively, and there is a substantially difference with returning bribes to the briber before the incident. "Actively return ill-gotten gains" only affects sentencing, and "return" is related to whether the conduct constitutes a crime. For the surrender of taking bribes and the more liberal meritorious master in recent years, leading to criminal punishment of bribery liberally and probation remains high in these cases, the affirmation of surrendered and meritorious service should be handled by legal and relevant judicial interpretation strictly.
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