On The Cognizance Of Family-Joint Bribery Crime

"The family type" co-bribery crime shows obviouscharacteristics of present bribery crime. It has more complexities and social bane than committing bribery crime alone. This kind of joint crime has its own characteristics besides the common character of joint crime, which makes it more challenge in the judicatory practice and theories research. For strictly punish this bad henomenon, better prevent and punish corruption and reinforce the honest and clean government construction , researching "the family type" co-briery crime carefully not only has very important theory meaning, but also has important judicatory practice significance.This article discusses some dispute questions of joint crime of bribery in theory area , and uses some maturely and influential viewpionts to prove the legal basis and the theory basis that affirmed by joint crime of bribery,and then take some beneficial discussions on certain level. This dissertation begins with the bribe case of Libo,the son of Li Jiating who is the former governer of Yunnan province, and discusses the viewpoint of that official staffs and unofficial staffs can commit joint bribery crime. The theory of family-joint bribery crime related to the theory of joint commit crime and identity theory. The dissertation affirms that the family member can commit the joint bribery crime with official staffs by dint of the discuss of unofficial staffs' identity, and inroduces the conception of family-joint bribery crime and the cognizance of this. And then this dissertation classifies family-joint bribery crime into instigation mode,practice mode,assistance mode and organize mode according to the family member's actions in the family-joint bribery crime, and emphasizes the fundamental of punishment. Finally, it discusses the criminal quantity of the the family joint bribery crime.Many schoolars have made the penetrating elaboration of these questions about joint crime of bribery. This article tiers to induce every viewpoint to discuss and analyze the constuction and judicatory determination of joint crime of bribery,and propose personal opinion on the improvement of lawmaking about this kind of crime. The writer hopes she can do something beneficial to the judicial perfection.