On The Elements And Criminal Responsibility Of The Crime Of Taking Bribes

After the People's Republic of China was founded, the Communist Party of China and the Chinese government attach great importance to punish bribery and corruption legislation. However, the laws and relevant judicial interpretations can not reduce the incidence of taking bribes, bribery crimes happen more. There are a lot of reasons for this phenomenon, but in the system, the main reason is the constitution and criminal responsibility of the crime of taking bribes unreasonable. In this paper, we should analyze their legitimacy and rationality of the constitution and criminal responsibility of the crime of taking bribes. We should prove to modify these elements is necessary. We should put forward some possible proposals on its future amendment and improvement.In addition to the introduction and conclusion of this article, the total includes the following four parts:Partâ… : The concept of the crime of taking bribes. In this part, we introduce the concept of taking bribes in our criminal law and relevant judicial interpretations. We analyze a variety of theoretical concept of taking bribes. My opinion: the crime of taking bribes, is state functionary who take advantage of the convenience of position, obtain or receive a variety of interests from others.Partâ…¡: Elements of taking bribes. We analyze the four aspects of the crime of taking bribes constitution, proved the object of taking bribes is that acts of state functionary must be a clean non-tradable obligations. We analyze four questions of the crime of taking bribery objective aspect, prove the bribery crime behavior object must be "the benefit", analyze the meaning of "take advantage of the convenience of position" and "the facilities that utilizes one's own functions and powers or the position to form" and the differentiation and relation between the two, analyze the meaning of "the claim bribe" and "receives the bribe", analyze the reason for that abolish the subjective condition of "to seek benefits for others" ,and. "to seek benefits for others" take place of "to get the unjust interests" ,Reveal the main changes in the subject of the crime of taking bribery is that the understanding of " engaged in public service " in the revised Criminal Code is incorrect, propose in respect of its basic meaning of "engaged in public service" as a broad understanding of the opinion. Prove subjective aspects of taking bribes may be indirect intent, analyze the will understand the factors and factor in the intentional taking bribesPartâ…¢: The criminal responsibility of taking bribes. We introduce and analyze the legislative history of the criminal responsibility of taking bribes, point out the criminal responsibility of taking bribes legislative defect in the criminal law and give some advices of perfecting the criminal responsibility of taking bribes: Provide an independent criminal responsibility of taking bribes, reduce the file standards of the crime of taking bribes, set up the punishment of ripping off qualifications, amend the property-oriented punishment, cancel death penalty.Partâ…£: The reconstruction of taking bribes. On the foundation of analyses of the formal three parts, we design the specific content of the constitution and criminal responsibility of the crime of taking bribes after reconstruction.