Analysis About Certain Hard Problems Of Bribery Crime

In our country accepting bribes are many common hair, with a strong reaction among the masses of job-related crimes, having become the focus of our criminal law to combat one of the crime. However, because of China's current Criminal Code provisions against taking bribes too general, Many legal questions unresolved, even many perfect not quite reasonable, additionally, accepting the complexity of the act itself, and concealment, various of means, make theory and the judicial practice of taking bribes have a right difficult to define, directly affecting the application of criminal law and the fight against the crime of taking bribes. This paper has been taking bribes in theory department and judicial practice in four areas of concern of a few months to explore hot issues.First, regarding the definition of the principal of taking bribes. That part about the long-disputed subject of taking bribes, that scope of the national problem of staff, Launches a series to explore.First of all, for the academic staff of state organs about the scope of the controversy, The scope of national staff in my opinion should be within the scope of the criminal law understood in a broad sense ,that The scope of national staff should also include" quasi-state organs" staff, in addition to including "State organ" Staff in the strict sense.Secondly, about how to understand the "official", according to scholars for my "official" opinion of the principal," official" Should refer to office of public management, organization, leadership, supervision and other activities on behalf of the state, with management and the basic characteristics of both country representativeThirdly, about how to understand the "other public service in accordance with the law officers engaged in" the identification, there are more controversial, in both theory and judicial practice. It mainly about conviction that villagers team takes advantage of his position to facilitate the implementation of crime, that should not be generalized, and we want concrete analysis of concrete problems, in my opinion .Lastly, persons entrusted with the operation and management of state-owned assets can become the principal of taking bribes. This main is usually belong to the principal of equality of civil legal relations, not due to become a commissioned officer of state-owned units. Since the two sides of a relationship is only specific State-owned property ownership and management separation, an equal relationship between the civil law, not attached to a superior-subordinate relationship between the administration. and so should not become the principal of taking bribes .The second aspect is about taking advantage of his position on the definition of convenience. This section is to define advantage of his position to facilitate the connotation, and to discuss It can constitute the crime of taking bribes that variety of situations of past or future use of the convenience of their duties .The third object is about the definition of bribery. This section has analyzed the scope of the object of taking bribes from a variety of domestic and foreign bribery about the connotation of the definition of bribery. Non-property should be included in the benefits of accepting the framework of the object in my opinion, and I have discussed on sexual bribery.The fourth aspect is about definition of whether or not constitute a crime in judicial practice. IT Is mainly about the limits of taking bribes between the acceptance of legitimate lawful remuneration and some unhealthy tendencies in society, etc. We want concrete analysis of concrete problems for such acts, can not be generalized.