A Study On The Judicial Determination Of "Taking Profits From Their Positions"

In our country, the research on the crime of taking bribes has not been young, and the elements of "taking advantage of his position" has always been the focus of controversy. This one of the evolution and the abolition of the issue of research, will be directed at the elements, many scholars believe that the use of the convenience of the position in the understanding of biased. Reason lies in, criminal law theory research results in the introduction of judicial practice, there are still the unsuitable place, or after long-term judicial practice gradually found many of the criminal law theory fails to take into account the case. Coupled with in the crime of bribery "by duty convenience" the constitution of crime elements of the description is very simple, only according to "the job convenience" cannot be easily interpreted bribery in all kinds of complicated situations.In this text, through its development evolution theory in judicial practice rationality angle analysis, combined with advantages of both at home and abroad about "taking advantage of his position" relevant legislation and theory, on "the job convenience" exist in the crime of taking bribes in various situations are re defined. Identified in bribery crime "the job convenience" identification methods, also illustrates various should or should not be identified the establishment of a special case of the elements, so that the research on the crime of bribery on "the job convenience", one of the constituent elements of the judicial practice problems.In our country at present has achieved about bribery crime "the job convenience" identified in the research achievements, the experts and scholars has made a lot of, but not all of them meet the actual requirement of judicial practice, there is also a variety of disputes. Only by understanding the "by the convenience of duty" the constitute elements of the crime of accepting bribes status and the use of the specific way, in order to better explain the elements of significance, make "the job convenience" get more precise use is also in line with the purpose of legislation in the judicial practice.