The Common Crime Of Bribery

Crime of bribery in recent years, the focus of China's anti-corruption work area, and conduct various types of job-related crimes on the rise, an increasing amount of money involved, affecting more and more bad and seriously endanger the state's workforce integrity and functions the normal order of the socialist market economy, need to continue to strengthen research, deal with them. Crime and the concept of bribery for accepting bribes is different because the "Criminal Law" in sub-rule provisions of Chapter VIII of "bribery" and "unit of taking bribes," "Criminal Law", sub-Chapter III provides for "non-national staff of taking bribes," 2009 February 28 adopted and promulgated and implemented the "Criminal Law Amendment (7)" (hereinafter referred to as "the Criminal Code Amendment (7)") provides for "using the influence of bribery", which together constitute a criminal offense in the system of criminal charges of bribery. In this article to explore the common crime of bribery is based on an accomplice in the crime of bribery issue as the main line, including accepting bribes and other three accomplices in bribery crime problem, does not involve the above-mentioned four kinds of subjects other than the crime of bribery in general composition of the co-graft crime. From the main subject of the division of specific studies on this common bribery among the national staff, national staff with the company, enterprise or other unit staff in bribes, state personnel and units of common bribery, national staff and close relatives, co-bribery; the same time "Criminal Law Amendment (7)" required "to use the influence of bribery" in the main body also includes close relatives, and the need to "use the influence of taking bribes," this new criminal charges of bribery and other common crimes of bribery to make comparisons, I will be in the fifth chapter with the "national staff and close relatives the common bribery" issues to be addressed together. Hope that through writing this article, be able to discuss these issues, get feedback effect. Paper is divided into five chapters:The first chapter takes a common crime of bribery, said. This chapter by a common crime, the basic theory, basic theory of a common crime of bribery of two parts. Discussed the conditions for the establishment of a common crime, including the main objective, the subjective conditions. Focuses on the characteristics of a common crime of bribery, including crime, the main particularity of the subjective intent of the convergence, the diversity of criminal acts. Part of the basic theory for the full text of this chapter.Chapter II co-bribery among staff. Multi-national staff together constitute the crime of taking bribes and bribery is a typical representative of a common crime of bribery. In this chapter discusses the national staff and performance characteristics of the common forms of bribery, the actors in the common nature of the crime of bribery finds an accomplice with the good offices of bribery bribery difference.Chapter III of the national staff with the company, enterprise or other unit staff in bribes. This chapter start with non-State actors can constitute complicity in the crime of bribery start with the existence of two opposing views are discussed. A clear non-State actors can constitute complicity in the crime of bribery, after the national staff discussed with the company, enterprise or other unit staff in bribery types and found that a specific reference to the theoretical circles on the national staff with the company, enterprise or other unit bribery of staff identified three kinds of common views and summarized the views of the author explained.Chapter IV of national staff and unit co-bribery. This chapter discusses whether the unit can constitute a common crime, talked about the two opposing views. The unit can constitute a clear point of view of common crime, the author discusses the national staff and units together bribery specifically identified, talked about the theoretical point of view of five circles, and summarized the views of the author elaborated.Chapter V of national staff and their close relatives of bribery and the use of the common influence of accepting bribes. This chapter discusses the first national staff and their close relatives the common manifestations of bribery, and specifically identified. After the "Criminal Law Amendment (7)" required "to use the influence of bribery" was systematically expounded, analyzed the use of the influence of bribery and common crime, the relationship between bribery and a comprehensive analysis of the influence of bribery and the use of common crime of bribery crime is subjective, objective aspect, subject, object elements of the difference.