On Accepting Bribes And The Legislation Perfect

Bribery is a serious crime against society,job-related crimes. At present, China's market economy system has been established and gradually mature, Chinese society is in a transition period, many new things. Accepting bribes as an age-old job-related crimes charges in the criminal object and criminal means there's a lot of new content and form,of accepting bribes and that the objective and subjective aspects of the many new issues. The study finds that the crime of bribe-taking and improve legislation with far-reaching significance: 1, the crime of bribery is theory and practice are highly charged, the current criminal law on the crime of bribery legislation there are many defects in the judicial practice of the specific operation has led to great difficulties,is not conducive to the fight against corruption Crime. And through taking bribes in-depth study of theory, be able to effectively practice guidance for the direction of the substantive work. 2,and live the reality of the case to put forward a new theory on the subject from the perspective of practice to promote the theory of progress and move forward. This article accepting bribes from the legislative history and the concept of accepting bribes, accepting bribes on the subject of criminal means,the type of objective, the targets of criminal conduct a comprehensive study,a comprehensive study of existing theory,put forward their own ideas and legislation Perfect proposal. For example,on the main body of the crime of bribery, this writer pointed out that "the state-owned companies and enterprises engaged in official business in accordance with the law" should be interpreted as: (1) state-owned companies and enterprises, it should be understood as a wholly state-owned companies, enterprises and state-owned capital accounts for the status of holding companies and enterprises; (2) engaged in official duties in accordance with the law, it should be understood as in postal services, telecommunications, electricity, water and natural gas utility operators, public services and national franchise monopoly of state-owned utility companies, enterprises engaged in the organization, leadership, management, supervision and responsibilities of company Corporate officers. (3) in accordance with the law of other personnel performing official business, should include the following two categories: First, the villagers committees, neighborhood committees, with the corresponding branch, the group of villagers; Second, the people's elected people's jurors, the People's Special Invite inspectors, as well as state-owned units to employ temporary engaged in the oversight responsibilities of the supervisors of the people, Style, and other supervisors. Accepting bribes on the subject, I suggested that the law can not depart from accepting bribes on property crime is the object of such a basic definition, but the connotations of the property to be expanded to explain, for social development today, the property has the connotation with the material Kind of rich and the rich, has exceeded the original legislation legislators understand the meaning of the property itself, Accepting bribes on the subject, I suggested that the law can not depart from accepting bribes on property crime is the object of such a basic definition, but the connotations of the property to be expanded to explain, for social development today, the property has the connotation with the material Kind of rich and the rich, has exceeded the original legislation legislators understand the meaning of the property itself, For example, to buy high-sell low housing, debt, and so on his behalf. However, I do not agree on the property for an unlimited expansion of the explanation, such as Xinghui Lu, should not be interpreted as property. In addition, on charges of taking bribes to set, taking advantage of his position to facilitate the elements for others to make profits, and other elements of the more controversial theory, in practice difficult to grasp the sensitivity of the issue, in contrast, said the pros and cons of each based on the author Their point of view, and legislative and judicial interpretation.In addition to the introductory and concluding remarks in this article, is divided into seven parts. The first part, an overview of accepting bribes, of the founding of New China in China's legislation in the history of each of accepting bribes in order to make the provisions of the legislation, for accepting bribes in the legislative process to have a broad and detailed understanding. , Introduced the concept of accepting bribes, the crime and its classification of people approached further for accepting bribes, to understand its internal structure. Accepting bribes to obtain two-accepting bribes and accepting bribes-received by accepting bribes to the two types of analysis and comparison, the more deeply the nature of trading power for money for taking bribes. The second part of accepting bribes that the main judicial and legislative perfect. I engaged in the process of judicial practice and found that the existing law on the subject of taking bribes can not be accurately defined, and some ambiguities, and some vague, such as state-owned enterprises set up by school teachers to students to promote extra-curricular Counseling, Accepting kickbacks from their own problems, whether in the end constitute the crime of bribery if constituted, they were not engaged in the management of public affairs; if not constitute, the current community reacted strongly to the education and how to solve the problem of corruption? With these questions in mind, I passed the national staff and a careful analysis of the scope of "public service" to "in accordance with the law of other personnel performing official business" key and easy to confuse the interpretation of the word, to put these laws to make an accurate definition of the term The legislative and judicial recommendations in order to adapt to reality. The third part, used his position to facilitate the elements of that legislation with the perfect job on the meaning of the elements, as well as the classification of the elements of the crime of bribe-taking that positive and negative significance of the analysis, put forward a bold use of some legislative functions to facilitate the idea. The fourth part of the request type, the type accepting the bribes that, through two different types of taking bribes in the form of comparative analysis, proposed the establishment of a separate crime of bribery to obtain. Part V, the object of the crime of taking bribes and that legislation to improve in this part, I passed the word on the exact definition of bribery, accepting bribes against the target of criminal property for the expansion of the explanation, but the spirit should not be extended to areas such as Non-property interests, such as Xinghui Lu, should not be included in the crime of taking bribes to object to. Part V, the object of the crime of taking bribes and that legislation to improve in this part, I passed the word on the exact definition of bribery, accepting bribes against the target of criminal property for the expansion of the explanation, but the spirit should not be extended to areas such as Non-property interests, such as Xinghui Lu, should not be included in the crime of taking bribes to object to. Part VI, the two new finds of accepting bribes and improve the legislation, this chapter focuses on a transaction-taking, dry-stock taking bribes in the form of two around the "high" judicial interpretations, both in the form of bribes to analyze and identify And put forward the legislative proposals to make people aware of taking bribes as an in-depth reform of the market economy, is growing, because the law should continue to lag in order to explain the practice to keep up with the pace of development. Part VII, for taking bribes to seek benefits for others, elements of that legislation and improve the chapter from both positive and negative elements of proof of the retention or abolition of the possibility to abolish the crime of bribe-taking in the interests of making the elements of the idea of legislation.