Determination On The Subject Of Joint Crime In Bribery

The crime of taking bribes and is the crime of corruption, embezzlement of public funds is tied for the crime of the three major criminal acts of corruption, violation of its national staff is the object of the honesty of their duties. China's 1997 amendments to the Penal Code will be a separate corruption and bribery to the Criminal Law of the sub-chapter, but also to corruption and bribery are two criminal provisions of the statutory maximum - the death penalty, which showed that countries severely punish corruption and clean government's determination to promote the country. The crime of taking bribes is a typical identity guilty, is the main national staff. Non-national staff and national staff colluded with each other complicated issues of common crime of accepting bribes, many ambiguities, in recognition of the differences between the existing legal provisions and the uncertainty caused by the judicial authority for such common bribery case enforcement is not uniform. Accepting bribes together with a special nature of the crime, it has both the general characteristics of common crime, based on bribery crime is "committed as" the special characteristics of the structure with a common crime in general are different, for the performance The general structure of common crime of accepting bribes and special nature of the organic integration of crime. Non-national staff and national staff common crime and punishment bribery and other criminal punishment, we must adhere to common crime jointly responsible for the basic principles of upholding the principle of individual penalty, the only way to safeguard the unity of the legal system, to reflect the seriousness law Sexual. Natural common crime of accepting bribes in the penalty area, proposed to jointly uphold the principle of joint responsibility for crime, including common criminals convicted of a common responsibility for the results of the common responsibility of each person to the common crime of accepting bribes to bear a common criminal responsibility.Refers to a specific relationship between people and national staff have close relatives, his mistress (Cardiff), and other common interests of the people, and its scope should include: parents, spouses of the party, children, close relatives and lovers and his comrades, colleagues, students and teachers , Friends, "mistresses," and so on a variety of roles. That national staff and their families should be considered jointly taking bribes two points: First, national staff and family members of the special relationship that the two sides decided in their daily activities are closely connected with the establishment of a common property relations in the common interests Easily taking bribes in the criminal conspiracy and common form of the crime, which makes national staff and their families of the common crime of taking bribes and bribery become the main form of an accomplice. The second is that family members and national staff of taking bribes to comply with the common crime of accepting bribes and a common crime, that is, both sides have a common crime of taking bribes and deliberately bribery common criminal acts, which constitute the crime of taking bribes is the premise of an accomplice.As a specific identity of those convicted of common crimes related to the principle of common crime legislation, theory and practice of many problems, more complicated, not to generalize, it is necessary to follow the common crime of qualitative general principles, but also consider the special nature of the situation. Were convicted in principle to facilitate the operation of judicial practice, reflect the common crime of accepting bribes in the specific identity of those acts of independence, but ignored the complicity of the attributes. I believe that in handling criminal cases involving bribery of common qualitative issue, should be the common people of taking bribes as the main specific duties and the application of standards, with the "Supreme People's Court, Supreme People's Procuratorate on the implementation of