Study On The Nature Of Accepting Or Extorting Bribery Afterwards

There is not the concept of "the act of Bribery afterwards" in our Criminal Law. And in abroad, just a few country, such as Japan, Korean, prescribe "the act of Bribery afterwards". In Japan and Korean, "the act of Bribery afterwards" has the certain connotation. It means, civil servants make use of the power to handle affairs for the others, and receive others' property after demission. But in the history, Tang dynasty already prescribe those behaviors, however, they were called "receiving the property afterwards".After "the case of Chen Xiao bribery", criminal scholars start to discuss "the act of Bribery afterwards" in our country. But they put forward two concepts, which are "the act of Bribery afterwards" and "receiving the property afterwards". In fact, both the two concepts have not the essential differences. "The acts of Bribery afterwards" have different forms, which include the following four types: "the act of Bribery afterwards" which has a promise about cashing in the bribe when office-bearers are still in active service before enlisting benefit; "the act of Bribery afterwards" which has a promise about cashing in the bribe when office-bearers are demission before enlisting benefit; "the act of Bribery afterwards" which has not a promise about cashing in the bribe when office-bearers are still in active service before enlisting benefit; "the act of Bribery afterwards" which has not a promise about cashing in the bribe when office-bearers are demission before enlisting benefit.Although the scholars discussed the problem of "the act of Bribery afterwards" constitutes the Bribery whether or not, they still did not reach to unify cognition. At the present, there are three viewpoints, which are the viewpoints of affirmation, the viewpoints of negation and the viewpoints of dividing different situation. But they think that "the act of Bribery afterwards" which has a promise about cashing in the bribe before enlisting benefit constitutes the Bribery. And judicature explanation also prescribe that "the act of Bribery afterwards" which has a promise about cashing in the bribe when office-bearers are demission before enlisting benefit constitutes the Bribery. The controversy is "the act of Bribery afterwards" which has not a promise about cashing in the bribe before enlisting benefit constitutes the Bribery whether or not, especially "the act of Bribery afterwards" which has not a promise about cashing in the bribe when office-bearers are demission before enlisting benefit. But in fact, all the types of "the acts of Bribery afterwards" constitute the Bribery. "The promise" is not the premise of the Bribery. They all have the intent of accepting bribery. They all match the essential characteristic of the Bribery, which is "the trade between power and money". And they all betray the probity of the office-bearers' job behavior."The series of sin and penalty" in abroad Criminal Law is worth to use for reference. But our Criminal Law can punish all types of "the act of Bribery afterwards", so it is not necessary that increasing the "promise" in our Criminal Law like Japan, Korea and Taiwan region. And it is not necessary setting up the Bribery afterwards which has not a promise about cashing in the bribe when office-bearers are demission before enlisting benefit.