Issues On The Crime Of Accepting Bribes

Accepting bribes is a corruption of public officials and a manifestation of power for personal gain. Theorists and judicial practice sector have different understanding and awareness in many of the problems of the crime of accepting bribes. The thesis composes of four main chapters, author briefly discusses the subject of the crime of accepting bribes, " making use of the advantages of authority ", " seeking interests for others " and the common crime of accepting bribes, and provides some personal suggestions on how to understand the nature of the crime of accepting bribes.In Chapter 1, the subject of the crime of accepting bribes is dealt with. The article begins by stating the legislative evolution and analyzing the provisions of the subject of the crime of accepting bribes. Secondly, the author analyses the nature of the national public servants. In Article 385 of the Criminal Law of China, it is stipulated that the subjects of the crime of accepting bribes are the national public servants. In Article 93 of the Criminal Law, the fundamental characteristic of the notional public servants defined as"engaging in public affairs"is the fundamental characteristic of the national public servants. The so-called"engaging in public affairs"refers to the activities involving the organization, leadership, supervision and inspection as well as management of public affairs in the national governmental departments, which is characterized as the aspects which is functional, regulatory and legitimacy. Started from such a fundamental characteristic, the range of the national public servants is accurately judged and rationally defined, including the persons engaging in public affairs in the state-owned enterprises and institutions as well as the people's organizations, the persons engaging in the state-owned companies and enterprises and the persons designated by the national governmental departments, state-owned companies and enterprises as well as institutions to the non-state-owned companies and enterprises as well as the people's organizations for engaging in public affairs and other persons engaging in public affairs in accordance with the law as well.Chapter II, in which there are three parts, discusses the problem of...