The Mediate Bribery-Criminal Constitution

Article 388 of the China's Criminal Law 1997 provides that "any State functionary who, by taking advantage of his power or position, secures illegitimate benefits for an entrusting person through another functionary's performance of his duties and extorts from the entrusting persons or accepts the entrusting person's money or property shall be regarded as guilty of acceptance of bribes and punished for it". Hot controversies exit in between the academic studies and practical applications of the law. It will surely be remarkable theoretical and practical significance if it can be on the basis of detailed scrutiny and further researches, distilling reasonable proposals which could guide the judicial practices.The dissertation firstly makes comparison between domestic and foreign criminal law, On the basis of stipulating mediate bribery, then it probes into the core of the mediate bribery-criminal constitution. The author analyses and summarizes some aspects of mediate bribery, such as personhood, mentality , object, objective cause, behavior mode, suspend, accomplished and not accomplished, bribery, snatching wrongful interest for other people, complicity and penalty. And the author also figures out malpractice and rips on the mediate bribery of the criminal law, and demonstrates the necessity and feasibility of modification and consummation. Lastly, some advice about how to modify and consummate will be offered from the point of combination of theory and practice.