Several Problems On Judicial Identification Of Crime Of Accepting Bribes

Any state functionary who, by taking advantage of his position, extorts money or property from another person, or illegally accepts another person's money or property in return for securing benefits for the person shall be guilty of acceptance of bribes. State functionaries in the economy activities, disobey national regulation, accept all kinds of commission, procedure fee and take personally, the sentence is according to the crime of accepting bribes. The crime of accepting bribes consists of four constitutive elements in Chinese Criminal Law. The objects of this crime are complex which should consist of not only property but also profit benefits and non-profit benefits;"Using the convenience of positions"is caused by state functionaries'positions and authorities. Extorting and accepting bribes are active activities with definite or implicit expression of intention to other person. Accepting these information of extortion actively or passively, the bribers give the state functionaries the money or property. The contents and forms of"using the convenience of positions"appear variously while it is a kind of power-for-money deal essentially. Generally only the state functionaries can become the subject of this kind of crime. Some person who own certain positions can also commit this crime. The subjective aspect can only be"direct intention".The mediate bribery crime is a special manifestation of crime of accepting bribe. This kind of crime shows that the person desires for the improper interest by using advantages facilitated by one's position and status. Indirection and mediation are the characteristics of this kind of crime which show the person use position and status indirectly. The interactions of positions have become the method by which the person desires for the improper interest. According to the characteristics of interest and the way or purpose of seeking it, we can identify the range of improper interest. How to deal with the uncertain interest has become the focus of this crime.Common bribery is the important form of taking bribes. The common bribery of State functionaries each other or with their families conspire with their families who take use of their special status in order to take bribes with their special person. To the subjectively determination of state functionaries, we adopt principle of correspondence between subjectivity and objectivity and judge their subjective intentions from the handling of goods.State functionaries accept rake-offs, poundages and the rabates of commodity marketing activities; accept several stock dividends and amounts of red envelopes. The retired State functionaries secure the benefits for others when they are on-the-jobs. After retiring, they accept bribes with disguised human intercourse as a cover for taking bribes and some after-accepting-bribes have agreed with bribes. Even they accept the sex services, high consumer services and the houses which didn't register property formalities. With the development of economy, these briberies update constantly.