Common Crime Of Accepting Bribes Of A Number Of Issues

This article has about 50000 words and is divided into four parts.I General statement of joint acceptance of bribesConcept and features of joint acceptance of bribes. Joint acceptance of bribes are criminal acts that state functionaries each other or with other persons ,by taking advantages of their position, extorts or accepts another persons' money or property in return for securing benefits.Joint acceptance of bribes has three main features:1, crime subject are more than two persons and at least one state functionary.2, there is joint intention of accepting bribes between every bribee.3,there is joint act of accepting bribes between every bribee.Joint intention of joint acceptance of bribes1,intention of practicing joint acceptance of bribes.2,intention of instigating joint acceptance of bribes.3,intention of helping joint acceptance of bribes.II Types of joint acceptance of bribesJoint acceptance of bribes of state functionariesJoint acceptance of bribes of state functionaries and employee of a company or enterprise.Joint acceptance of bribes of state functionaries and nonstate functionariesl,nonstate functionaries can be joint criminal.2,nonstate functionaries can be joint practicer of joint acceptance of bribes.3,when state functionaries instigate or help nonstate functionaries they shall be joint practicer of joint acceptance of bribesJoint acceptance of bribes of state functionaries and their families is very complex in judicial practice, so they shall be treated differently according to different circumstances.Joint acceptance of bribes of state functionaries and a unitl,unit can be subject of joint crime.2,in the circumstance that natural person and a unit commit joint acceptance of bribes ,they shall be given different punishment.3,ingeneral natural person in a unit especially the persons who are directly in charge cannot be joint criminal with a unit ,but someone in a unit can be joint criminal with the unit.III Criminal attempt of joint acceptance of bribesGeneral standards of joint acceptance of bribes1,an offender has already started to commit acceptance of bribes.2,an offender is prevented from completing joint crime of acceptance of bribes. 3,an offender is prevented from completing crime for reasons independent of his will.Criminal attempt of simple joint acceptance of bribesAll joint practicer of acceptance of bribes who have committed joint acceptance of bribes but are prevented from completing crime for reasons independent of his will are criminal attempt of joint acceptance of bribes.Criminal attempt of complex joint acceptance of bribesComplex joint acceptance of bribes are joint crime which exists division of labor of practises criminal attempt and helper.VI Judicial problems of joint acceptance of bribesCriminal amount and recovered amount of joint acceptance of bribes. Joint criminal of joint acceptance of bribes shall be in charge of the whole criminal amount. Joint criminal of joint acceptance of bribes should have the related responsibility when some joint criminal cannot be recovered.Difference between joint acceptance of bribes and crime of introducing bribes. On the basis of acceptance of bribes of specific provisions of criminal law and joint crime of general provisions of criminal law , all helping acts of acceptance of bribes are joint acts of acceptance of bribes, not crime of introducing bribes.