Some Problems Of The Joint Acceptance Of Bribes

This article has about 30000 words and is divided into six parts.â…  General statement of joint acceptance of bribesConcept and features of joint acceptance of bribes. Joint acceptance of bribes are criminal acts that state functionaries each other or with other persons ,by taking advantages of their position, extorts or accepts another persons' money or property in return for securing benefits.Joint acceptance of bribes has three main features:I, crime subject are more than two persons and at least one state functionary, 2,there is joint intention of accepting bribes between every bribee.3,there is joint act of accepting bribes between every bribee.Judicial current situation of the joint acceptance of bribes:The prosecuting departments have a low proportion of public prosecution about the joint acceptance of bribes,the main reason is the influence that the need to breaking through accepting bribes cases and legislating lag behind.â…¡ Joint intention of joint acceptance of bribesI.intention of practicing joint acceptance of bribes.2,intention of instigating joint acceptance of bribes.3,intention of helping joint acceptance of bribes.â…¢ Objective respect of the joint acceptance of bribes 1,Understanding of "seeking the interests for others".It is an objective element and implementation of the behavior to seek the interests for others.2, Justice asserting of the joint acceptance of bribes .No matter implement the behavior, or organizational behavior,behavior of instigating,helping the behavior,the indispensable component of the criminal offence that all to accept bribes together,common causality exists with the crime results.3, The standard of accomplished crime in the joint acceptance of bribes.The most important is to distinguish the accomplished crime standard about receiving type and mediating type of accepting bribes. 4,Criminal attempt of joint acceptance of bribes.General standards of joint acceptance of bribes :1,an offender has already started to commit acceptance of bribes.2,an offender is prevented from completing joint crime of acceptance of bribes.3,an offender is prevented from completing crime for reasons independent of his will.IV The principle to declare guilty of the joint acceptance of bribes.It should abide by the principle of declaring guilty that is made together as different specific identities.V The administration of justice asserting of the joint acceptance of bribes. The administration of justice asserting is mainly between the national staff memberand non-national staff member,different specific national staff member,orcommunities and other national staff member.VI The asserting and criminal responsibility of the amount in the joint acceptance of bribes.The criminal responsibility should be considered on the whole, and can not force each sinner bear criminal responsibility.