The Issue On That The Non-government Workers Participate In The Joint Crime Of Accepting Bribes

The crime of accepting bribes is a position crime, which has been concerned byresearchers of joint crime theory as a difficult issue in the field of the joint crime. Thephenomenon that non-government workers participate in the joint crime of acceptingbribes is more complex because they have no position. In the judicial practices, peoplehave no very clear understanding for that non-government works participate in thejoint crime of accepting bribes and they have no uniform standard of juridicalpunishment. This article discusses the issue that non-government workers participatein the joint crime of accepting bribes and analyzes the criminal law from theory to realsituation. It tries to make complete understanding and mastering of this issue. Hence,it may provide some good suggestions for investigate and prosecute this type ofcrimes to punish corruption and to establish the honest and clean government.The first part of this article starts from the clause 328-3 of the criminal law andexpands whether the criminal law cancels the joint crime of accepting bribes.Although the new criminal law does not expressly specify the instance thatnon-government worker collude with government workers to make joint crimes likethe crime of embezzlement, for the crime of accepting bribes, that non-governmentworkers participate in the joint crime of accepting bribes is completely establishedbased on the general principles of the criminal law and this issue is recognized by thejudicial field. Then, the part makes further analysis on theory foundation of thatnon-government workers becomes joint criminals of accepting bribes and crimes ofaccepting bribes. Although non-government workers participate in the joint crimemostly in the form of abettors or assistants, they can become the joint criminals of thecrime of accepting bribes when they implement partial crime of the accepting bribes. The second part of the article analyzes specific types of that non-governmentworkers participate in the joint crime of accepting bribes. Due to complexity of thisissue, in order to more clearly analyze the role and position of non-government workswhen they participate in the crime of accepting bribes, this part, based on two viewangles of government workers and non-government workers, analyzes severalinstances such as that government workers abet non-government workers to acceptbribes, government workers specify that requestors give bribes to their relatives,non-government workers abet and help government works to accept bribes, andgovernment workers and non-government works demand or accept bribes by using thesituation that the opposing party does not know the situation each other. And this partmakes specific analysis on the joint crime of accepting bribes under such instances. Itfurther demonstrates objective existence that non-government workers participate inthe joint crime of accepting bribes.The third part of this article analyzes criminal punishment for thatnon-government workers participate in the joint crime of accepting bribes mainlybased on two aspects. The first is determination of accessorial criminals of thenon-government workers in the joint crime of accepting bribes. Under theprecondition of conforming to the division principles of principal and accessorialcriminals, based on features of the crime of accepting bribes and the tenet thatpunishes corruption of government workers, the determination of the principlecriminals of non-government works shall be strictly controlled in their determinationof principle or accessorial criminals. The second is punishment amount for thenon-government workers when they make the joint crime of accepting bribes. Basedon the joint crime theory, various joint criminals including government workers shallbe responsible for total crime amount of the joint crime of accepting bribes that theyparticipate in. Even if non-government workers are accessorial criminals in the jointcrime of accepting bribes, they shall be given a lesser punishment even exemptedpunishment or the range of the lesser punishment or exemption is expanded, based onthe determined total crime amount.