On The Main Problem, Of Accepting Bribes

Bribery is always a major problem in criminal law , This article is a special study that start from the Subject of accepting bribes. China's current criminal law somewhat vague about that, there are difficult situation to establish the standard for defining the Subject of accepting bribes. The key is how to understand the essential characteristics of " Public affairs " , This article focuses on journalists, doctors, leaving national staff, referees and false national staff are prone to apply these five controversial issues. For those without identity can become an accomplice or not in the crime of bribery and convicted in what form. In the academic community has been a theoretical point of contention. The problem of bribery complicity in the legislation is not consistent, There are some contradictions and conflicts. The scientific explanation of bribery complicity complicity with the need to proceed with the relationship between identity, Comprehend the basis for punishment of crimes of status. To solve the above problem is also beneficial to use the new influence of bribery charges a reasonable application of it , reasonable belief in a particular relationship between the nature of the time to participate in bribery.Full text of the structure is divided into four chapters:The first chapter discusses the definition of bribery of the main standards, and to try to establish an "Public affairs " identification of standards.The second chapter, the author takes a way with Case study, in order to Research the theory more vivid. Focusing on journalists, doctors, leaving national staff, professional referees,and Analysis these types of hot controversial, Characteristics closely on "Public affairs " to conduct constitutes the subjet of bribery proper argument..The third chapter focuses on the common say bribery legislation and problems that exist in theory. On analysis of the subject of the common criminal bribery, bribery complicity in the legislative history, judicial interpretation of the contradiction, a common identity and the relationship between crime and angles,to solve the theoretical basis of the common criminal bribery problem. To really understand the crimes of bribery and other penalties according to theoretical issues, must be as committed to proceed with the nature of factor analysis, identity and accepting bribes is not an accomplice can not be explained, without status can be added to the identity of criminals in power. Infraction is not only the views of law, comply with the existing norms on the logical analysis, but also comply with the provisions of the summary,the Penal Code section 382, paragraph 3, of complicity in the crime of corruption, the content is Provision for Attention, rather than the proposed statutory system must have a clear understanding.Chapter IV focuses on new charges of common crimes of bribery and accepting bribes use influence the application. The author analyzes the legal application about the national staff and national staff in bribes, national staff and national staff of non-common case of bribery, etc. In addition, the authors also spend some ink to the interpretation of the way through a case application of clear and specific offenses to the seven amendments on the criminal law to increase the use of the new influence of taking bribes.