Elements Of Accepting Bribes In China's Criminal Law

This paper mainly discusses the composition of elements of the crime of taking bribes and legislation that improve the problemFirst, in the field of the main body confirmed, the main body of the crime of accepting bribes is the special main body, specifically refers to national staff, that is at all levels of state power organs, administrative organs, judicial organs of personnel engaged in official business.Discussing if retired personnel of the State can become the mainstay of accepting bribes should be defined, the following situations should be dealt with the crime of taking bribes (1) before retired taking other people's property, and after retired using" the remaining rights" for others to reap unfair interests, (2) before retired for others to reap the benefits, after retired accepting the property of others, (3) current of the national staff and after retired colluded with each other to take the intermediary, agents, and other means to use the current′right of national staff for other people's to obstain improper interest..Secondly, in the subjective definition, subjective aspects of the crime of taking bribes is deliberately direct and indirect deliberately can not be established.Third, the objective of that, using advantage of his position and I will include the direct use of the terms of reference, but also including the use of the power and status, It should be stated thatAdvantage of his position is using his present position and not including the use of his past and the future position to benefit other people. both as the objective of accepting bribes Elements, or understood as a promise, There are difficult to solve their own problems, so to benefit other people should not be identified as the composition of elements of the crime of taking bribes. And how to identify the scope of bribery, On the crime of bribery, accepting bribes to obtain regardless of the property or the property that is outside of their own to meet the needs of other material and non-material interests and the interests of bribery should not affect the illegality of the transaction itself, Therefore, the staff who receive the material and non-material interests outside property should also be a crime.Fourth, in the object that, adopting unitary doctrine , more reasonable interpretation of the object of the crime of taking bribes was that " functionaries activities of national staff is clean and honest."...