A Number Of Studies Taking Bribes

The crime of joint acceptance of bribes is a special form of bribery.It is more complex than the solitary acceptance of bribes, and it is alsoan outstanding character in the current bribery crime.The constitution of this crime and judicial determination is notonly controversial in criminal theory field but also perplex inapplication of law by the judicial office. In this article, the author discussed the crime of acceptance of bribes in complicity from four aspects:The first is the constitutive character of this crime: According to Chinese criminal theory, he considers that once there are joint bribery intent and conducts between the state functionaries and non-state functionaries, there are the criminal cause and effect relationship between the bribery act and criminal result, then constitutes bribery accomplice. The second is judicial determination of acceptance of bribery jointly. The author analyses the current judicial situation on the acceptance of bribery jointly, and probes into the following performance of this guilty: the acceptance of bribery between the state functionaries and between the state and non-state functionaries. He believes that the non-state and state functionaries can be the joint perpetrator of bribery acceptance. The third is how to determine the evidence criterion of bribery in judicial practice. The author makes a conclusion on the evidence criterion of bribery case in judicial practice, and expounds some noticeable specific items when collecting, examining, judging and using the evidence. The last is the penalizing principle of the crime of acceptance of bribery in complicity. In the author's opinion, joint conduction of crime in acceptance of bribery in complicity need bear joint liability. It is a general principle to punish the accomplices of accepting bribery jointly.