| In recent year, on the crime constitution of the acceptance of bribes, a hot discussion appears in the law circles, different views are in the argument, and even some difficult points lead to confusion of understanding and usage in the legal practice. From the angle of both theory and practice, I try to make clear or modify some points of views by way of expressing my thoughts in this paper on some issues that are the targets of arguments in legal practice.On the object of bribe acceptanceThe object of bribes acceptance indicates the social relation protected by the Chinese criminal laws but infringed upon by the criminal actions as well as the essential conditions of the constitution of crime. There exist following main theories on the object of bribes acceptance: 1.theory of infringing the normal activities of the State organizations; 2. theory of complex objects; 3. theory of multi-objects; 4. theory of optional objects; 5. theory of constitutional objects; 6. theory of cleanness of the government staffs' action. In my view on the following grounds the cleanness of the government staffs' action is always the object infringed by the crime of bribes acceptance: firstly the essential characteristics of the crime of bribes acceptance show that the staffs deal with "trade" dirtily, namely they earn unlawful profits by way of exercising the power in their hand; secondly, deciding the cleanness of the stalls' actions as the object the crime of bribes acceptance will highly summarize the damages of kinds of actions to the society; thirdly, it may reflect subjective psychological characters of bribe. On the subject of bribe acceptanceThe legal characters of subject of bribe acceptance as a special subject determine the bribee's special position in the crime constitution and judgment. The subject of bribe acceptance includes the following: governmental workers, staff engaged in affairs of the state-owned companies , enterprises, institutions, and the persons appointed by the entities as such to work in the non- state-owned companies , enterprises, institutions, as well as others involved in public affairs under the laws.It seems that less argument exists concerning the governmental staffs as the subject of the bribe acceptance. However, it is of big disputes in practice over the so-called "others involved in public affairs under the laws", of which in particular, the most difficult point in understanding is whether the persons in the basic organs of the government like farmers committee of the countryside are classified in the above-mentioned "others". Although judicial interpretations by the Standing Committee of the People's Congress in 2000 did already solve the problem of subject above-mentioned in the way of legislative interpretations, still there exist different views that whether party branch is classified in the basic organization of villages. In my point of view, since the Organization Law on Farmers Committees provide that basic organizations namely village party branches shall function as a leading one, it shall be determined that members of the organization are classified as the so-called "others involved in public affairs under the laws" when they are engaged in the administrative management for government.Engagement in the public affairs not only reflects the essential characters, but is the division that tell the difference between government workers and non- government workers. Therefore, all the persons, on behalf the state, engaged in organizing, leading, managing and supervising the public affairs shall be regarded as the state government workers as termed within the meaning of criminal laws.On the use of job-convenience-----objectivity characters of bribe acceptanceThe use of job-convenience is one of the conditions necessary to establish the bribe acceptance. However, the difference between laws themselves and the statement of judicial interpretations leads to a very different understanding on the term "the use of job-convenience". This paper separately talks abo... |
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