A Number Of Issues. Accepting Bribes Study

This study is carried out primarily to analyze and explore the frequently-occurring quality of the crimes of accepting bribes as well as some difficult and complicated problems met in judicial practice in the following aspects :1. The main bodies of the crimes of accepting bribes. Starting with legislative comparison between the main bodies of the crimes of accepting bribes, introduce the regulations of two kinds of law system, namely, continent law represented by Germany, Japan and British-American law represented by UK and US; present the stipulations of the main bodies of these crimes in Hong Kong Special Administrative District and Taiwan; review the legislative evolution occurring after the foundation of our country; mainly probe into the definition of "government bodies* and its right limits, "government bodies"should be strictly confined to the seven kinds defined in the Constitution, two kinds of which should be classified as "Para government bodies"; deeply analyze the proper meaning of "conducting official business", in the sense of criminal law, "official business" refers to state business, and on the basis of this, the limit of others engaged in government business legally* is determined.2. Scope of the bribery. Beginning with the different stipulations of bribery scope in the law of different countries, introduce and analyze different views on "bribery" in the criminal law thinking world; conclude that there are four factors affecting bribery scope, which are, legislative tradition, culture, national conditions and different understanding of object of the crimes of accepting bribes; define bribery limits in theory and in judicial practice, bribery should include property, material benefit and nonmaterial benefit, but according to the present legislative and judicial practice in our country, it can only be limited to property and material benefit; in accordance with this viewpoint, analyze and inquire into the common bribery phenomena in society.3. Accomplished offence of accepting bribes. Raise the standard by which accomplished offence is distinguished from unaccomplished offence, whether it is crime of accepting bribes or that of askingfor bribes, the accomplished offence should be that people who conduct this action receive bribes in reality. On the basis of analyzing and demonstrating the standard, formulate some situations of the accomplished offence and unaccomplished offence common in judicial practice.4. Accomplice of accepting bribes. First put forward the general characteristics of accomplice; then analyze whether nongovernmental staff could be the accomplice or not, introduce the main points of the negative theory and positive theory, and refute the negative theory, in my opinion, the positive one is scientific; analyze a few situations of the accomplice in detail, they are circumstances under which governmental staff accept bribes separately with governmental staff, family members, and entrepreneurs; finally distinguish taking bribes together and introducing bribes.