On The Research Of The Crime Of Mediatory Acceptance Of Bride

The article 388 in Criminal law 1997: the national staff member, who exploits his office or status forming convenient conditions and asks or accepts his petitioner's substances, via any other the national staff member 's functional act, to seek irregular profits for the petitioner, shall be punished for the crime of accepting bribes. Science of criminal law circles has different views on how to understand this clause and some questions has been exposed in judicial enforcement. To fit the needs of anti-corruption need, scientifically establish the bride criminal system, the essay will detailedly explain the clause, and combining to the foreign legislation and judicial enforcement, systematically research whether the mediatory acceptance of bride is criminal independently, its structure, judicial cognizance, and propose the complemented proposal. The essay includes four chapters:The first is whether the mediatory acceptance of bride is criminal independently. The author introduces the origin of the question and the two opposite opinions. The author firstly introduces the article 388 of the Criminal Law, and analyses the foreign legislation. The author thinks that the question should be analyzed from two facets. On one hand, the clause is not fitted to be understood the crime of mediatory acceptance of bride, on the other hand, the behavior of the mediatory acceptance of bride should be solely criminal.The second is the Crime constitution of the crime of mediatory acceptance of bride. The essay analyses the Object, the objective aspects, the main perpetrators and the subjective facets. The author thinks that the objective aspects of the criminal are complex. The primary object of the criminal infringes is the honesty of the national staff...