A Study On The Subject Of Accepting Bribes

In recent years, more and more concerns are directed into corruption cases especially accepting bribes cases. So how to contain corruption especially accepting bribes by methods of law and to limit the range of crime of accepting bribes' subject is extensively discussed.With constant reforms of political and economic structure, the transference personnel between state organs and economic organizations becomes very frequent. And the nature of traditional state functionary also has changed, Which causes the uncertainty of the subject's range of crime of accepting bribes. So now, it is very difficult to limit the range of state functionary. Though lots of studies have been done, we still often are confronted with plenty of problems in judicial practice. So the author wants to do further study about the range. On the basis of analyzing some opinions, the author puts forward his own views.The author thinks that disuniform judicial interpretations are the fundamental reason that causes some controversies about the nature of state functionary. These judicial interpretations define the nature of state functionary by different normals such as function or status. However, according to the author's view, the nature of state functionary is defined not by function or status but by connotation and extension of state functionary.From the history of criminal legislation, crime of accepting bribes is separated from of embezzlement. Both the two crimes' subjects are state functionary. But with the development of criminal legislation, especially after revising Criminal Law, the two crimes' subjects happen to change: 1 .Before establishing nation. Accepting bribes is one kind of embezzlement. The subject of crime of accepting bribes is functionary who performs the Party's career, which reflects some characters of public service. 2.Frome establishing nation to 79 Criminal Low. Accepting bribes is still one kind of embezzlement.. Its' subject has some characters of state functionary. 3. 79 Criminal Low. Crime of accepting bribes was separated from of embezzlement. Its' subject is state of functionary. 4.97 Criminal Law. In the Criminal Law, the crime's subject is state of functionary, including typical state of functionary and nontypical state of functionary. And nontypical state of functionary is divided into three types.In accordance with criminal legislation's history, the author thinks state of functionary's essential connotation is "perform public service". About public service, there are three different opinions: state and collective affairs, state affairs, public affairs. The author approves of the third opinion and thinks that public service has three characters. The author divides state of functionary into two types: typical state of functionary and nontypical state of functionary. The latter includes two normal types and five special types. In addition, the author analyses some people's nature, such as the people nominated and recommended by Party Committee and government, re-appointed people, the person who are authorized to administered affairs, and unfair referees.About research method: on the basis of researching legislative intention, the author analyses some opinion about crime of accepting bribes and put forward his own views, Moreover, the thesis discusses the essential character of the subject and some unavoidable problems about crime of accepting bribes.