Analysis On The Component Features Of The Bribery

The crime of accepting bribes is such action as working personnel of state organs use the facilities, obtain property, or illegally accepted money,for the benefit of others. This paper iscusses the constitution of the crime of accepting bribes, subject, object, subjective and objective. to determine the boundaries of what is criminal and what is the crime of accepting bribes.The subject of crime of accepting bribes is a special one that must be national staff. National staff in state organs include: personnel engaged in official business, the state personnel engaged in official business units,directed staff and other personnel engaged in official business in accordance with the law. I make a detailed exposition on the several main subject . and deal with this,I raise a number of practical significance of the issue. Firstly, Can the families work independently constitute the crime of accepting bribes? In my view, the families can work independently constitute the crime of accepting bribes, it can be an accomplice to the crime of accepting bribes. And I give a detailed analysis of several of its committed the crime of bribery. Secondly, Can left,retired state workers become the mainstay of the crime of taking bribes? I believe that if left,retirees across the country from the bribery, and the pre-retirement leave, time after retirement. as a criminal act different stages. From the retirement of the way, the continuation of pre-retirement should be identified as taking bribes. If the current state collusion with the personnel, use of the current state work force and power to seek illegitimate interests, and to obtain, receiving stolen property and the existing national staff should be accommodated to the accomplice theory of the crime of accepting bribes.The object of the crime of accepting bribes features are greatly different in theoretical circles. In my opinion ,State workers use the facilities to receive, obtain bribes, corruption is the abuse of power, with the state Public Service going against the basic requirements of fairness and honesty. Therefore, a violation of their duties honesty, and the essential characteristics of the object of the crime of taking bribes. In the academic, a scholar of the normal management activities of state organs, the normal activities of the country's economic management and public and private property ownership as a crime of accepting bribes against the object. In my view, these arguments against the practice of taking bribes and the subjective constitutes of the crime of accepting bribes from deli is the object of the crime of taking bribes mix not correctly grasp the essence of the crime of bribery, knowing that he is using his position to obtain intentionally the facilities for accepting bribes.The subjective intent of taking bribes is at the core of their subjective, reflecting the size of a vicious crime subjective. criminal responsibility is a subjective basis. The subjective intent of taking bribes, according to their attitude, can be summed up in the form of direct deliberately by taking bribes directly which can reach a consensus in the academic community. I also discuss the purpose and motive of the crime of accepting bribes and give an analysis of the relationship between the two. How to understand"to pursue private interests" constitutes the crime of accepting bribes in the status and role, is it the objective or subjective elements of the elements? Does it constitute the crime of accepting bribes necessarily? rather vague provisions in the Criminal Law, the current Criminal Law has yet reached a consensus, there is contention theory, but in practice there are puzzles. Whether"seeking benefits for others" is the element of the subjective intention of taking bribes.There are many difficult problems to be resolved themselves.I argue that the abolition of the crime of accepting bribes"to pursue private interests" of the element, criminal legal status of the theory so as to avoid all kinds of controversy. At the same time, the abolition of"seeking benefits for other people" can be given to draw on foreign experience in the legal system. As a statutory sentencing circumstances,"seeking benefits for other people", provides importance not to seek interests for others in the crime of bribery, and it further divided into other people's legitimate interests. The illegitimate interests of the people are to seek and re-establish a legitimate interest in seeking the punishment of bribery. As a result, the specific circumstances of the crime of accepting bribes and sentencing grade to a scientific and rational classification.The objective of taking bribes includes acts of bribery, modes of behavior and the results of the act. Looking at the wording of provisions, the act of taking bribes is"use the facilities", which include the meaning and use of terms or conditions relating to the functions of the facilities."Terms" are within the scope of my powers."Job-related" facilities, although not directly referred to the use of power ,it is the use of the terms or status with the formation of the favorable conditions. In the grasp of the conditions for accepting bribes, it is necessary to correctly grasp the"duties" of the intrinsic nature of that legitimacy ,realityd and irectness. The behavior of taking bribes to pose as that person through acts from accepting, receiving the kickbacks in violation of state regulations. Charges include obtaining and accepting bribes mediation. Specifically : 1. belongings from others. 2. illegally accepted money. According to China's Criminal Law, state workers who use the facilities illegally accepted money,must have"for the benefit of others", regardless of whether or legitimate interests and seek to achieve. 3. accepting kickbacks and fees. According to the stipulations of the Criminal Law and the spirit of the legislation, in economic exchanges, in violation of state regulations, owned by individuals, as the name of the receiving kickbacks, fees, which constitutes the crime of accepting bribes. The objective characteristics:the main emphasis is not whether the first use of his position, The second is to consider whether to seek interests for others. This practice should be in accordance with the Criminal Law stipulates that has the correct understanding and handling of the economy between bribery. The property is the act of taking bribes or bribery, bribery on the connotation and extension of several different academic perspectives, which can be summed up in two ways. Firstly, the interest that advocates say can meet all the needs of all tangible or intangible benefits, are seen as the subject of bribery. Secondly, the characteristics of interest, bribery specific interpretation of this doctrine are not the same. According to China's laws and regulations, I believe that"Bribery"can only be understood property and belongings.In addition to money, goods, commodities, it should also include other material interests. Through a comparative analysis of these two theories, the authors come to conclusion that the scope of the crime of bribery should include movable and immovable property, tangible property and intangible property, and give a detailed description of this conclusion.To study the constitution of the crime of accepting bribes, I think we should seize several problems : Firstly, How to determine to pursue private interests? Secondly, How to distinguish the crime of accepting bribes and general acts of bribery? Thirdly, How to grasp the interests and illegitimate interests? These problems are often taken into account the difficulties which are found in the judicial practice to grasp taking bribes , I only analyze and solve several problems with my level of knowledge in this area and research.