| The article 7 of the Amendment VI of Criminal Law modifies the elements of the bribery crime in the article 163 of Criminal Law. The subject's range of crime is expanded to contain the members of companies, enterprises and other units. Then the problem coming that it doesn't adapt to the requirements of the Amendment VI of Criminal Law. Provisions about the charges of supplementary regulations (III) in the implement of Criminal Law of Republic of China were released jointly by Supreme People's Court and Supreme People's Procuratorate in 25th, Oct of 2007. The law adds and amends the part of charges in the Criminal law. The bribery crime of non- national staff replaces the bribery crime of members of companies and enterprises. The amendment of the bribery crime takes effect on the bribery behaviors of members of companies, enterprises and other units in the judicial practice. It stops the criminality timely, being benefit to the development of the market economy, and makes contributions to the perfection of justice system construction.The chapter one contains for parts discussing about the bribery crime of non-national staff. In the part one, the article gives the definition of the bribery crime of non-national staff. The second part makes an introduction of the elements of the bribery crime of non-national staff, analyzing four criminal elements: subject of crime, subjective aspects of crime, crime object and objective aspects of crime. In the third part, the article expounds the general legalization of the bribery crime of non-national staff, from Punishment of Bribery Ordinance of People's Republic of China promulgated in Apr of 1952 to the amendment of the Criminal Law in 1997. The amendment stipulates the bribery crime of the members of the companies and enterprises in provisions formally. The amendment VI of Criminal Law was passed in Jun 2006, and the bribery crime of companies and enterprises was changed to the bribery crime of the non-national staff. The article would expound it one by one to show the development of the bribery crime clearly to the readers. The fourth part shows the significance of the legislation of the bribery crime of the non-national staff.The chapter two consists of five parts discussing the behavior of the bribery crime. In the part one, the criminal behavior contains three types: active request model, type of illegal bribes, the economic bribes. Active request model: the members of the companies, enterprises and other units ask for bribes in there position. Type of illegal bribes: the members of the companies, enterprises and other units accept the bribes of others illegally and seek interests for them. The economic bribes: the members of the companies, enterprises and other units accept every kinds of discount owned by individuals while violating the state regulations. The second part discusses the identification of the main plot of the behaviors in the three types, and contains: the understanding of the convenience in position, the understanding of indirect use, the understanding of seeking interests for others. The article analyzes the issues deeply. All these have great impact on the conviction and sentencing. So the article makes some suggestions about the above issues. The third part discusses criminal behavior and the limits of non-crime. It includes three respects: in the first place, the article makes the distinction between the bribery crime and receiving the reasonable remuneration. Secondly, it shows the distinction between the briberies and dinners and accepting gifts. Thirdly, it shows the distinction between the briberies and other behavior of request and receiving commission, rebate and fee and so on. In the fourth part, the article distinct contrastively the bribery crime and the bribery crime of the non-national staff from several aspects: subject of crime, object of a crime, crime behavior, crime results, legal punishment. Moreover, combining with world-class soccer referees Gongmou bribery case, the article analyzes comprehensively the bribery crime and the bribery crime of the non-national staff. It makes comment on how to convict and sentence and how to grasp the boundaries between them in order to make a clear understanding to readers.The five part discusses the accomplished and attemped of bribery crime of the non-national staff. the article makes the introduction of three views and their forming causes so as to make the author's points. The author considers the distinction between the accomplishment and the abortion is that the bribery crime should be affirmed on the view of the acceptation of the property and seeking interests for others, and the article expounds in details around these two essential elements.The chapter three consists of two parts discussing the identification of common crime of bribery of non-national staff. In the part one, it describes the identification of non-national staff and national staff together with taking bribes. There are four theories in academic world. First, Principal conviction said that the nature of the common crime what collusion or collusion of two or more persons do should be determined by the principal's act. Second, Behavior conviction said that common crime should be based on the implementation of actions to implement the nature of offenders convicted and punished. Third, Determined guilt separately said that the persons of different status colluding with mutually, using own duty convenience respectively, implemention the crime together, must determine guilt separately. Fourth, conviction that the main terms of behavior said that Identity of those who advocate different common advantage of his position, implementation of a common crime, its main use should be based on the terms of reference to determine the nature of crime. In the part one, it describes that the identify of the family as the instigator or help offenders, it mainly analyzes from two aspects: bribery of colluding in advance and bribery of colluding without prior, accepting or soliciting property. First of all, non-national staff of families and their close relatives prior acts of collusion and bribery, which is the most typical manifestations of "family-type" joint crime of bribery; Secondly, the analysis of non-national staff of families and their close relatives did not pass seek, accept or obtain property of the behavior, how to conviction.In the chapter four, the article contains two parts to discuss the application of penalty in the bribery crime of non-national staff. In the first part, the article makes an analysis of current criminal penalties. In the second part, perfect the criminal penalties of the bribery crime of non-national staff. The bribery crime of non-national staff is a new type of economic crime. The timely promulgation has great significance on the dealing with relative cases and maintaining the order of the market economy. However, society is developing rapidly, and the new problems come up continuously. So we have to perfect the system construction to seek remedy for the loopholes in law. The author makes several suggestions: firstly, increase the intensity of punishment property. Secondly, add qualification penalty.
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