The Research On Objective Aspect About The Ordinary Crime Of Acceptance Of Bribes

The acceptance of bribes is one kind of common crime. As the existing criminal law to bribery related issues without a clear standard, on the one hand, it is not easy to form the unified theoretically viewpoints, on the other hand, because of absence of a uniform detailed operational standards, and of the influence of different theoretical perspectives, the understanding and processing of the judicial practice to the identical question is also various. In this way, on bribery charges, the ordinary bribery objective aspect is most prominent in several controversial issues. From theory and practice two stratifications, the author tried to discuss about some dispute question of the ordinary bribery objective aspect and to propose his own views and make recommendations. At the same time seeking to intelligible theories has the profit to the uniform treatment in judicial practice.This thesis consists of four parts:The first part is foreword. The author has first limited the concept and the scope of the ordinary crime of acceptance of bribes based on our country present criminal law, and pointed out the objective aspect about it include three factors, the "abuse the position", the "claim or accept bribes" and the "to seek benefit for other people".The second part was discussed on related question about the "abused the position". The author first discussed the concepts, characteristics of the "position", and reviewed the. vicissitude and effect mutually of the indication and the understanding about the "abused the position". Then disputed hot topic from both of theory and practice discussions, the author finally made his own proposal that "abused the position" don not include " use the convenient condition which formed by myself authority or the status" and not include "the use of the future or the past of their position".Part III discussed the "claim or accept bribes". The first, "claim" and "illegally received", the two kinds of the manner had been defined, and the two specific forms of bribery in practice had been introduced. Then the meaning and scope of bribery also were discussed .At last, the author also put forward his own proposal that the "benefit said" will be the inevitable direction of legislation development, simultaneously suggested the scope of bribe in practice should define in property benefit which related the belongings property rights transfer.Last the part is about "to seek benefit for others". First the author combed the vicissitude and effect mutually of it in theory and practice, and then elaborated on its classification. Then a theoretical perspective has been commented, on the basis of that, cancel "seek profits for other people" is the next legislation development inevitable trend, simultaneously suggested the understanding of it should be the "pledge process said".