The Research Of Joint Acceptance Of Bribes

Joint acceptance of bribes is a controversial issue in the judicial practice, which relates to the theory of joint crimes and status crimes. It is of far-reaching significance to understand the constitution and disposal of the joint acceptance of bribes correctly in the judicial practice and anti-corruption combat. This article lays emphasis on different doctrines of the constitution of joint acceptance of bribes as well as the cognizance in practice on the basis of the author's experience. In addition, the author gives his own suggestion on the improvement of the legislation on this issue. This article is composed of four parts:I .General statement of joint acceptance of bribesState the concept and features of joint acceptance of bribes.II .Constitution of joint acceptance of bribesOn the crime subject, it is confirmed that the affirmative view about whether non-state working personnel can constitute joint acceptance of bribes is more reasonable than the negative view from the point of criminal law's value. On the crime subjective condition, various formats of intention involving cognition factor and will factor of joint acceptance of bribes. On the crime objective condition, the article emphasizes on analyzing various formats of objective behaviors in judicial practice, including practicing, instigating and helping behaviors.III. Cognizance of joint acceptance of bribes in practiceThe author bring forward own opinions of how to cognize different types of joint acceptance of bribes based on working experience. Questions on joint acceptance of bribes committed by state functionaries are analyzed as well as controversies on joint acceptance of bribes committed by state functionaries and company or enterprise functionaries. The external format and cognizance principle of joint bribery committed by state and non-state functionary. IV. Improvement of judicature on joint acceptance of bribesBring forward four suggestions as making legislative statement more accurate and etc.