On The Identification Of The Crime Of Accepting Bribes

Due to the particularity of the subject and object of the bribery crime, it has not merely infringed the honest of the national staff members' post, and upset the social economic order and economic environment, but also ruined the party conduct and social conduct even more, increased seriously people's distrust of the government and corroded the political and economic system such the theoretical questions of the bribery crime as its subject, object and object elements, etc, and attempted to carry on the problems of the constitutive elements of the bribety crime existing present criminal law and relevant regulations in china.At first, the author thinks that: the definition of the bribery crime subject, no matter national staff members or quasi—national staff members, should catch its common characteristic "engaged in the public affair", which is an essential characteristic of a national staff member. The object of bribery crime is not the complicated object as well as not the alternative object ,instead of the direct object ,and should be determined by its nature, namely, nationally: infring the national staff members′honesty system. The object respect of the bribery crime ,namely taking advantage of post promptly, refers to utilizing executive in one′s own post ,limits of functions and powers, managing, handling money and goods, or other public facilities resulting from engaging in the public affairs, not including the facilities that utilizes one′s own functions and powers or the position to form , involing in dealing with money ,power and financial directly.Besides aueptance of bribes, pursuit for benefit, which is directly relevant to one's position, on the behalf of other persons, is a constitutive element of the bribery erime. The range of bribery crime should includes the interests of non—property. About the mixed subject at bribery complicity , only when non—national staff members have implemented the behavior of instigating, helping etc., and of a serious nature, accord with the characteristic of complicity, they could be asserted what has committed bribery crime is made commonly.Finally, as to how about suppress the crime of bribery, the author also put forward some one′s own views.