Study On Offence Of Mixed Subjects Bribing Jointly

The question of the joint bribery of the mixed subjects is an unavoidably theoretical issue in studying bribery corruption crimes. As a typical issue concerning joint offence, in not only has gained more attention from criminalists, but also plays a significant role in punishing political corruption and in building an honest and clean government. There are positivism and negativism on whether a non-country staff is liable to offence joint bribery in theory. I agree on the positivism. In my opinions, the third paragraph of article 382 is an attention provision, rather than a legal fiction. According to this paragraph, any general subject who conspires with a state functionary to engage in the act of accepting bribery should be regarded as joint offender in the crime of accepting bribes. Concreted saying, it is also pointed out that a non-country staff and a country staff together can be the co-principal offender of the crime of bribery. Otherwise, a non-country staff could be an abettor or an abider of the crime of bribery. On convicting, the non-country staff and the country staff implement the crime of bribery together, which should be convicted by the country staff's status. The personnel of company or enterprise and the country staff bribery together at the same time use simultaneously opposite party's duty convenience, which is a common criminality offends two charges. In this situation, the principle of complying a grave offence to judge should be adopted, so it should be punished by the crime of bribery .When the non-country staff instigates or helps the country staff to implement the crime of bribery, they should be unified according to the bribery crime qualitatively. While the country staff instigates the non-country staff to implement the bribe crime, the country staff should be punished by the crime of indirect implementation and the non-country staff shouldn't be convicted generally. If he offends the crime of introducing bribery, he should be punished by the crime of introducing bribery. We should pay attention to the boundary about the crime of joint offence and the crime of introducing bribery. On punishing the mixed subjects'joint bribery, we must adhere to the principle of partial implementation and the complete responsibility, at the same time, we should persist in the principle of penalty individually. In order to adapt the situation development, the author suggests increasing the accomplice's stipulation in the criminal law of general rule about that the status and the no status join offence of a crime which the no status may constitute the true status crime.