| The crime of accepting bribes is a common and frequently happening one, for many problems of which there exist different understandings in the theoretic sector and the department of judicial practice. In this paper, integrated with the personal working practice of the author, the problems of the crime of accepting bribes in the four aspects are analyzed and discussed in view of understanding and application and the personal suggestions on perfecting the legislation of the crime of accepting bribes are presented. The paper is divided into four chapters. In Chapter 1, the subject of the crime of accepting bribes is dealt with. The crime of accepting bribes is the one by status, that is, the doer has the legal special status as the important factor of the subject of the crime. The persons without such special statuses can only be regarded as the accomplices of the crime of accepting crimes and should be separately regarded as criminals; therefore, it is the requisite condition of determining the crime of accepting bribes to found out whether the doer agrees with the important factor of the subject of the crime in judicial practice. In Article 385 of the Criminal Law of China, it is stipulated that the subjects of the crime of accepting bribes are the national public servants. In Article 93 of the Criminal Law, the fundamental characteristic of the national public servants is defined as "engaging in public affairs". And how to understand the "public affairs"? in this chapter, the differences between public affairs, labor services and private affairs are analyzed by comparison and it is made clear that the "engaging in public affairs"is the fundamental characteristic of the national public servants. The so-called "engaging in public affairs"refers to the activities involving the organization, leadership, supervision and inspection as well as management of public affairs in the national governmental departments, state-owned companies, enterprises, institutions and people's organizations, which is characterized as the following two aspects. The first is the property of management, that is, the management of public affairs. The public affairs mainly refer to the various affairs managed in the national and collective names and related to the interests of the masses of people and the social survival and development, with its content involving the management of the various affairs of politics, economy, culture, military, sports and health as well as science and technologies. The second is the property of the national representatives, that is, the activities are carried out, representing the nation and the actions of the national management as well as the expressions of the state power or the rights derived from the state power. Started from such a fundamental characteristic, the range of the national public servants is accurately judged and rationally defined, including the persons engaging in public affairs in the national governmental departments, the persons engaging in public affairs in the state-owned enterprises and institutions as well as the people's organizations, the persons engaging in the state-owned companies and enterprises and the persons designated by the national governmental departments, state-owned companies and enterprises as well as institutions to the non-state-owned companies and enterprises as well as the people's organizations for engaging in public affairs and other persons engaging in public affairs in accordance with the law as well. In Part 2, the understanding and application of "making use of the advantages of authority"are dealt with. In the situation in which revisions have not been made to the current laws, it is very importance for accurately determining the crime of accepting bribes to make a scientific understanding of the legal provisions existed according to the principle that "law must be abided by". Integrating the disputes over the problem in the theoretic sector and in practice and in view of the actual situation, the author discusses the problem of the understanding and application of "making use of the advantages of authority", thinking that the authority in the "making use of the advantages of authority"refers to the qualifications of the national public servants making some actions (such as leadership, organization, command, coordination and enforcement, etc.) and the special representations of power. The key to understand the "making use of the advantages of authority"lies in that the advantages that are made use of have the necessary and direct relatioins with the authority that is enjoyed and taking the existence of the authority enjoyed as the requisite and basis. It is a common type of acceptingbribes and easy to be determined that the doer directly makes use of the power in the range of his or her authority and separately conducts some actions of authority to ask for or accept the client's properties for the client's interests. It is determined as the crime of accepting bribes according to Article 388 of the Criminal Law to indirectly make use of one's own authority or the advantages by another person's authority and ask for or accept the client's properties for the client's interests. The key to differentiate the "making use of the advantages of authority"from the "making use of the advantages by authority or status"lies in whether the doer's authority has the vertical governing or clamping relations with other national public servants. If the relations exist, the direct acceptance of bribes can be determined, and if the relations do not exist, the indirect acceptance of bribes can be determined. In Chapter 3, the "striving for other persons'interests"is dealt with. Since the criminal law was carried out in 1997, there have been different understandings and operations of the "striving for other persons'interests"that constitutes one of the important conditions of the crime, which directly influences the quality and strict enforcement of handling the cases of accepting bribes. Understood in view of the content, the interests in "striving for other persons'interests"include the properties and the material interests and non-material interests with the values beyond the properties. The material interests with a certain value refer to something like shares and negotiable securities. The non-material interests refer to the non-material benefits gained in the legal forms, for example, in recruiting cadres and workers, going to a school of a higher grade and formally becoming an urban dweller from the countryside, etc. Understood in view of the property, the bribee is guilty whether he or she strives for the legitimate or illegitimate interests for the client. Understood in view from the result, whether the bribee strives for the large or small interests for the client early or late will not influence of the determination of the crime of accepting bribes. In Chapter 4, the thoughts on the "sex bribe"are dealt with. The problem of the sex bribe has been spread in recent years and the number of the cases involving the sex bribe has been rising annually. The damages caused by the trades of power and sex, which bring about the losses of thenation are more serious than the ones by the properties, and the bribes are limited to properties in the current criminal law of our country. In this chapter, the documents recording the sex bribes in ancient China and the relevant foreign cases of judgment are first introduced, the two ideas of agreeing with the determination of the crime and opposing the determination of the crime are analyzed and it is presented that the sex bribes blaspheme the state power, bring about the corruptions of public power and have been beyond the category of ethics and become the legal problems. It agrees with the real intention of legislation of regarding the sex bribes as crimes. The punishment on the sex bribes does not violate the attributes of modesty and restraints of the criminal law and it is imperative under the situation for the legislation of the sex bribes. It is suggested that the range of bribes (properties) should be expanded and revised to "interests"and the sex bribe should be defined as one of the forms and punished as a lesser or aggravated case in the crime of accepting bribes. Therefore, the intersections, overlaps and technological problems in legislations can be avoided and there is no need considering the quantization of sex and collection of evidence of sex, which are the effective measures that can meet the demand for cracking down on the crimes of accepting bribes in the case in which a great number of revisions should not be made in the current laws.
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