A Number Of Issues. Accepting Bribes Study

Bribery is currently a kind of crime by taking advantage of duty, which occurred frequently and heat reflected by masses in our country. With china's entry of WTO, our nation is confronting new developing opportunities and new challenges in all aspects of the society and the economic lives, this will inevitably director or indirect in fluency the struggle of anti-corruption. Making bribery as the focus of our present work and how to effectively keep it in limits and strike it is becoming very important. In 1997, based on the new situation, the bribery was revised in criminal law, but due to its complexity and particularity, it exists some difficult problems in judicial practice. Starting with the legislative evolution of the crime of acceptance of bribes, thesis briefly sums up and analyzes the legislative contents pertaining to the crime of acceptance of bribes in the related laws and regulations during in the initial stage after the foundation of the People's Republic of China, in the 1979 criminal law; in the separate criminal law enacted by the standing committee of the National People's Congress and in the 1997 criminal law. On the basis it emphatically researches the following issues:1. The scope of bribery. Analyses the meaning of "Bribe", put forward the new meaning to "Bribe"; clarifying sex-bribe so that the necessity and feasibility criminalized as titled "sex-bribe" are further illustrated.2. Definite the subject of bribery. Definite the subject of bribery reasonable combining with the legislative evolution of the subject of bribery.3. Analyze the factors of "Taking advantage of one's post". Dissect the factors of "Taking advantage of one's post" and sum up its main performances.4. Find out the properties of " to obtain profits and interests for others". Find out the properties of "to obtain profits and interests for others", probe into the ascertainment criterions which conform to the actual situations.5. This essay combines and use for reference of the research fruits from theoretical circles, put forward perfect suggestions on legislation.