Proposals For The Issue About The Legislation Of Crime Of Accepting Bribes

In the tide of China's opening-up and reform, it is an important link to standardize state personnel's acts of duty and improving the legislation of crime of accepting bribes is responsive to the development tendency of criminal justice system. The issue about the crime of accepting bribes has always been a central issue concerned for a long time by all circles in society. As the further intensification of anti-corruption struggle, the methods of accepting bribes are continuously changing and various modes appear. In order to meet the needs of struggling with constantly changing crime of accepting bribes, some judicial interpretations have been repeatedly introduced by the state legislature, and the strength of punishing the crime of accepting bribes has been constantly enhanced by the judicial authorities of all levels in China. Some cases about high-level officials'accepting bribery have been investigated and punished, and many criminals of accepting bribes have been punished. It seems that a strange circle has been formed: the more crime of accepting bribes is punished, the more crime there is; the more crime there is, the more punishment is required. Legislation and study are required by the conduct of punishment, therefore, the legislation of criminal law is becoming tighter and tighter and the strength of punishment is becoming stronger and stronger. Perhaps it is the tuition fee the developing countries have to pay in the course of seeking for economic development. Perhaps our society hasn't found the most effective ways to crackdown the crime of corruption.It is for this reason that the research on the crime of accepting bribes is quite active. The study on the issues about the crime of accepting bribes is conducted and many research results are published and put out by many a researcher in teaching and many a legal professional in jurisprudence and even in politics and in sociology. Among the research results, the constitution of the crime of accepting bribes is expounded; the typical cases of accepting bribes are analyzed; the reasons for the crime of accepting bribes are analyzed; the experience of investigating and handling the cases of accepting bribes is summarized; the development condition of the crime of accepting bribes is described; the evolution rules of the crime of accepting bribes are explored; and prevention strategies and system designing of the crime of accepting bribes is also specialized in. Among all these various research results about the crime of accepting bribes, there seems still no strategy to cure the crime of accepting bribes, which can be accepted unanimously. As a consequence,having passed 30 years, the value of the research of the crime of accepting bribes has not been subtracted. The author has strong interest on the further study of the crime by taking advantage of duty, especially on the crime of accepting bribes. Starting with the research of the concepts and the elements of the crime of accepting bribes and the imperfection of legislation, etc. and focusing on the present situation and features of the crime by taking advantage of duty in China, the crime of accepting bribes has been discussed as a part of criminal law in this thesis and then the legislation can be improved. This thesis is divided into four parts.In Chapter-1, the concept and the relevant elements of the crime of accepting bribes are described briefly, the legal theoretical basis of the crime of accepting bribes is further discussed and it is pointed out that several elements of determining the crime of accepting bribes are also in accordance with the current objective requirements of the comprehensive theory of criminal law in China. Chapter-2 is about the regulations of the crime of accepting bribes in China's history, the development history of the crime of accepting bribes in China is discussed mainly in this chapter, which indicates that the regulations and practices of this crime had experienced the characteristic developing stage and period throughout the history of China. This experience has a reference value for the current legislation improvement of the crime of accepting bribes. Chapter-3 is about the analysis of the bribery phenomena. Based on the various forms of accepting bribes, the legislation and the practice of accepting bribes are researched. The close relationship between the bribe-taking and the legislation are defined, which provides inspiration for the improvement of the bribe-taking legislation. Chapter-4 is about the legislation improvement of the crime of accepting bribes. Starting with the subject, the way of act and the measurement of penalty, the practice and perplexity of the legislation on bribe-taking in China are improved and constructed, which is the key point of this thesis.