Study On 'the Convieniance On The Post' In Accepting Bribe

The definition of the concept 'Using','duties','convenience"','authority' and 'his position to facilitate' is necessary precondition to clarify the exact meaning of the bribe crime 's advantage of his position to facilitate.Is accepting bribes 'to use his position to facilitate' in the past including the use of his past position, in our current situation, is whether or not to use his position to facilitate the expansion from the retirement of national staff to use his position to facilitate the original issue, the answer is obviously yes, because the advantage of his position to facilitate the expansion from the retirement of national staff to use his position to facilitate the original is reasonable and necessary, this has been an affirmation of judicial interpretation. At present, China's provisions for the crime of bribery, the future use of his position to facilitate bribes can not be called to taking bribes, however, this appeared to be wanting to pre-taking bribes and dereliction of duty, the acts against the integrity, should be punished for taking bribes. The use of a third party in order to facilitate the job of taking bribes punished is open to question. 'Used his position to facilitate 'do not include 'to facilitate the use of their work'. 'The use of the terms or conditions to facilitate the formation of status'should be included in the meaning of the 'advantage of his position to facilitate', it should be seen as the case of 'taking advantage of his position to facilitate'. The interpreting of 'using self terms or conditions to facilitate the formation of convenience' into the behavior of man and a third person must have a functional relationship between the constraints of good offices will greatly limit the scope of application of accepting bribes, is not the spirit of the legislation, in practice it should be in the negative. 'Advantage of his position to facilitation 'the crime of misappropriation of public funds, embezzlement and accepting bribes in the meaning of have the same points as well as different points. On the definition will help further clarify the crime of bribe-taking 'advantage of his position to facilitation 'exactly what it means.