On Some Problems Of Bribery Judicial Identification

The crime of accepting bribes is a crime by taking advantage of duty with the biggest elusive. Along with the development of the society, the crime of accepting bribes demonstrates the characteristics of diversification, intellectualization and widely spreading. It not only ruins the social morality, but also imperils the state power. Cracking down upon the crime of accepting bribes is the popular sentiment. Because of it is complexity, it brings about many theoretical viewpoints, simultaneously, there exist many problems in the Judicial practice of the identification and disposal bribery crime. In this paper, the author is based on the previous research results of bribery crime, and studies it is basic theory in detail. Therefore, the paper may provide a reference to solve problems in the judicial practice.There are over 30 thousand words in thesis which mainly includes the following four aspects:The chapter 1 is an overview of bribery crime. The author explains the definition, composition and classification. The paper reveals that the nature of bribery crime is characterized by trading power for money. At last, the author will classify bribery crime into different types according to different standards in theory.The chapter 2 is the criminal of bribery crime. The author especially highlights the identified problem of bribery and analyzes. The different views on the bribery scope in Jurisprudence, moreover, Compare the bribery scopes in the criminal legislation at home and abroad. The author thinks the bribery scope should be explained augment and it is necessary and feasible for criminals to incorporate the non-material interests.The chapter 3 is the problem of success and failure of bribery crime. There are six viewpoints to elaborate the standard of the success and failure of accepting bribes, of the viewpoints. The author puts forward new bribery and accepting bribes should be handled differently, meanwhile, the author also analyzes the failure problem when bribes are fake and counterfeit goods. In the end, he author expresses his opinion.The chapter 4 is the problem of crime bribery together. In the paper, the author probes into two main forms of co-bribery. The first one is the co-bribery problem between national staff and non-national staff. The second discusses the co-bribery problem between national staff and their families. The author thinks non-national staff and national staff's families can be an accomplice in the crime of bribery. The author conducted an analysis of national staff to become an accomplice in the case of the families of. Also the paper analyzes the identification problem of the co-bribery amount; the author thinks co-bribery's contribution and bribery should be considered, according to this, their criminal liability can be determined.