On Objective Condition Of Acceptance Of Crime Of Bribery

Recently, as the development of economic and society,corruption is getting more ang more furiours and the rate of it is rather high, as a result, government's reputation and people's trust to society, punishing the corruption and bribe is rather necessary in striking against corruption and in punishing the official crime, also, it is a core duty of prosecutorial organization.There are various sides in theory research of the acceptance of bribe crime,the sphere that the author's research is it's objective condition, such as it's object, objectibe elements and its offense target. Particularly, the auther puts forward his own opinion about the problems such as the sex bribe problem, the difference between bribe and presentation, etc.Concretely Er Yan , main the main body of the paper content and author's main viewpoint include several the following aspect:First, Part I part of the main body of a book is investigation and discussion about crime of accepting bribe object, by the fact that the analysis , author to various viewpoint think that the crime of accepting bribe object is the public to justice expected by government staff members duty performance.Secondly, Part II part of the main body of the paper is the marriage partner bribery about crime of accepting bribe. Have discussed the bribery range and the nature bribery relevance problem mainly in this part, author. To the bribery range,by the fact that the analysis , author to legislation evolution and the various theory boundary viewpoint suggest that essential points combines "United Nations anti-corruption convention " to the bribery, range firmly believes that again. About sex bribe problem , author the legislation defect suggesting that our country uses the rational abroad legislation pattern for reference , nature is bribed to commit a crime-rization , makes up our country about that the nature bribery commits a crime to nature. In the part, the author brings forward the examination being in progress about the bribery and the differentiation presenting a gift to , responds to on the basis surrounding a bribery and presenting each a characteristic's.Thirdly, Part III part of the main body of the paper is objective crime of accepting bribe aspect. In this part, the author has discussed the aspect making use of post to facilitate composing in reply two for others seeks benefit mainly. The author has passed to legislation changes and the different circumstance distinguishing average bribe-taking and mediating bribe-taking , has brought forward the corresponding viewpoint. The author thinks that some condition is lower , the behavior people is subordinate to , restricts relation's though having on the post not having the authority handling some affair directness, but making use of but in first, depending on average bribe-taking, other, government staff members's authority of office , the restraint convenient conditions of subordinate personnel relying self on coming into being because of authority of office, require that government staff members is that self recieve property's other ask an influential person for help seeking benefit, please , still, it's essence is to take self post as basis, also responds to look upon as be to have made use of upper facilitating of post; That secondly, the author approves of "affecting the convenient conditions saying authority of office or position making use of me namely takes form " in mediating bribe-taking, is to refer to the effect making use of behavior person post to produce the effect must restrict nature to "the third person"; Once again, suggest that canceling the regulation seeking benefit, legislation with perfect crime of accepting bribe; Finally, the author thinks that depending on the other impartial competitor's to bribe a means discriminating against a competitor , damaging , is illegitimate benefit to come to gain so-called uncertain benefit benefit. During the period of the boundary fixes illegitimate benefit, not only needing to look at entity benefit, same forbidden is short of procedure benefit, should entity benefit be no combining with, Neither should be overemphasized at the expense of the other.