A Number Of Issues. Accepting Bribes Study

China has been devoting major efforts to anti-corruption. Under such circumstances, crime of bribery which existing widely becomes an essential thesis, for there exist many difficult problems to discuss. Because of that, through studying the scope of bribery, "sex bribery", objective aspects of this crime, common crime of bribery and countermeasures, the article probes bribery crime comprehensively from both theoretic and practical angles. The article consists of five parts, and there are about 41000 words in it.Part one, on the scope of briberyThe scope of bribery is a theoretically arguable question. Different country or area has different regulation about that. In other countries' theory of criminal law, there are three main theories on the concept of bribery, that is, "tangible benefits theory", "moneyed evaluation theory" and "needs theory". There are also three theories in our country, they are "property theory", "property benefits theory" and "needs theory". After analyzing the above theories, this author points out her own viewpoint-agreeing with the "needs theory", and dwells on it from four aspects.Part two, on the "sex bribery"Recently, this topic has been discussed intensely by scholars. The focus of discussion is that whether "sex bribery" should be classified into crime or not. Firstly, this part introduces China's ancient document and other countries' cases which referred to "sex bribery". Then, after examining different argument the author concludes that "sex bribery" should be considered as a crime.Part three, on the first objective aspects of bribery crime__take advantageof one's position's convenience.The first objective aspect is to take advantage of one's position's convenience. This problem has been harassing the scholars for a long time. The amendment of legislation and judicial explanation can not finish the chaos condition in practice. The author put forwards her own viewpoint on how to understand " to take advantage of one's position's convenience" while current legislation has not been revised yet.Part four, on the second objective aspects of bribery__seek benefits forother peopleThe second one is to seek benefits for other people. As far as the status of the second objective aspect is concerned, the author shows her standpoint: "to seek benefits for other people" is not a necessary factor of bribery crime, and it should be rejected.Part five, on common crime of briberyThe topic of common crime of bribery is very complicated and arguable. This part focuses on four problem: First, non-state functionaries can become the common culprit of bribery crime; Second, non-state functionaries can not be considered committing bribery crime sometimes; Third, how to identify state functionaries and some other non-state functionaries both accept bribe; Fourth, how to deal with state functionaries and company staff both accept bribe.Part six, on countermeasures of bribery crimeInternational anti-corruption becomes a general trend. Under that circumstances, this part deliberates on the countermeasures of bribery crime. First, the article introduces the current condition of international anti-corruption. Then, the author appraises the significance of china's entry to " UN anti-corruption convention". Finally, the author puts forward her own thoughts about the specific aspects of countermeasures.