A Research On Act Of Mediation Bribe Acceptance Crime

It is stipulated in Article 388 of our country's year-1997 Criminal Law that: A State functionary who takes advantage of the convenient conditions formed by his personal authority or position to seek irregular interests for a requester through the official acts of other State functionaries and ask for or accept money and goods of the requester shall be punished for bribe acceptance. Theoretically this Article is very often called mediation bribe acceptance. In our country, the mediation bribe acceptance is a special expression form of the crime of accepting bribes; there is no such an independent crime. And there are fairly great divergences existing in theory and practice in how to grasp the founding essentials of the criminal act, in how to comprehend "taking advantage of the convenient conditions formed by one's personal authority or position" and how to understand "seek irregular interests". The author, on the basis of in-depth research on the constitution of this crime through integrating with relevant cases in the practice and in combination with related legislation overseas, tries to show concern for the constitution of the mediation bribe acceptance and put forth some viewpoints and understandings of his own. And it is hoped that these meager views will serve as a brick to be thrown to get a gem of serious attention of the legislative and judicial departments, so as to lay a solid foundation for future practical departments to correctly understand and apply Article 388 of the Criminal Law.