The Common Crime Of Taking Bribes

The definition of collective crime in bribery is the act of gaining profit for people that use official work or the duty of state, ask for or receive their property illegally and then cause serious consequence. The dissertation studies some aspects of collective crime in bribery as following: the generality of collective crime in bribery, the structure of collective crime in bribery and the judgment of collective crime in bribery. The author wants to make some progress in the study of collective crime in bribery.On the generality of collective crime in bribery, the author thinks the judgment on accomplice should be on the basis of the theory of collective crime which means we need to see if the feasons have complicity and accordant act. Comparative to the bribery crime, collective crime in bribery has its own traits: Firstly, the criminal is more than one and at least one of them must be servant of states. Secondly, they should have complicity. Finally, they do the bribery things together.As for the structure of collective crime in bribery, the author views the subject, the subjective aspect, the object and the objective aspect need to be studied. The subject of collective crime in bribery is special, more than one man, who have the qualification of rap. The subjective aspect is complicity. And this deliberation should be immediate that includes execution, instigation and help. The objective which is an important issue in the structure of bribery crime remains controversial in our country. On the basis of analyzing the different points of view, the author proposes that the object is the honesty of servant of states. The objective aspect of bribery crime is that the feasons do the bribery things under the complicity. The acts include execution, instigation and help.The judgment of collective crime in bribery is the key of this dissertation. This part the dissertation focuses on two aspects: collective crime in bribery of natural persons and that of units. The author believes that the non-state servant conspire with the state servant can be viewed as collective crime in bribery. When it comes to make the judgment of collective crime in bribery, we should take the standard of subject's status and using of their duties: (i) the state servants do the bribery should be convicted as bribery crime. (ii) The state servant and the general subject do the bribery together should be convicted as bribery crime. (iii) The state servant and the unit's staff who have different status do the bribery according to their own duties should be convicted as one of bribery crime and bribery crime of unit's staff which's more serious. (iv) The state servant and the unit's staff that have different status do the bribery together but not using their own duties should be convicted as bribery crime or bribery crime of unit's staff. (v)The state servant, the unit's staff and the general subject do the bribery together, if they use their own duties then they should be convicted as one of bribery crime and bribery crime of unit's staff which's more serious. But if the person who has special status doesn't use his duties and do the bribery with others, then they should be convicted as bribery crime or bribery crime of unit's staff. It is possible that family of the state servant involve the bribery. Some of them go through the whole process, some at before, some in the middle and after that. For instance, a state servant ask briber to present property to his lover, if his lover truly doesn't know the nature of property and doesn't conspire with him, then this lover shouldn't be a criminal. The key of judging these cases like that is conspiracy and the accordant act. Collective crime in bribery of unit has some special occasions: one is the judgment and dispose of bribery done by unit and natural person; the other is if the person who works with the unit could be viewed as an accomplice.