Study On Some Difficult Problems In New Crimes Of Acceptance Of Bribes

the Opinions on Issues concerning the Application of Law in the Handling of Criminal Cases Involving the Acceptance of Bribes(the "opinions") jointly issued by the Supreme People's Court and the Supreme People's Procuratorate, defines application of law in the handling of new criminal cases involving the acceptance of bribes. It also resolves some ambiguous problems frequently occurred in the handling of criminal cases involving the acceptance of bribes in judicial practice. But how to comprehend and apply the "opinions", caused an extensive argument in theory and practice. The writer choose three aspects such as acceptance of bribes in the form of transactions, acceptance of bribes by special related person, handing in and refunding bribes, to comprehensively and deeply study the "opinions" and discuss the difficult problems and analyse the primary arguments of theory and practice in three aspects. The writer also presented thinking on resolving arguments in accordance with the criminal theory and provisions of the acceptance of bribes of the Criminal Law, so as to do some favor in correct comprehension of the "opinions" and handling of criminal cases involving the acceptance of bribes in accordance with the "opinions".