A Number Of Issues. Accepting Bribes Study

This paper starts with the legislation evolvement of bribery, summaries and analyses of the regulations of early days of our country, criminal law of year 1979, the single file criminal law of Standing Committee of National People's Congress, criminal law of year 1997. Based on these, the author centers on the following questions by combining the theory and practice.The first question is the character of crime subject. The author thinks that, as the subject of bribery, the official staff is the product of the unity of opposites between essential character and form character, "engage in official duty" is the essential character of official staff, while "identity character" is the form character of official staff, this paper emphases on the range of "engage in official duty" and official staff. The second question is the analysis of the objective factors of bribery, discussion how to understand the problems "profit from the official advantage" and "benefit for others' advantage". The author pointes out that "profit from the official advantage" includes two forms, one is profit from authority, the other is profit from the related convenience of authority. The author also thinks that it is not scientific to take "benefit for others' advantage" as the objective factor of bribery or subjective factor, suggests to cancel the regulation of "benefit for others' advantage", and takes the factual benefit as the foundation of heavy condemnation. The third question is the accomplish of bribery. It is very important to differentiate the accomplish and unaccomplish, which are significant to confirm the criminal responsibility of criminals. Whether one receiving bribery or asking bribery, the standard should all be based on the facts of getting the bribery. And the author also explains several situations of accomplish and unaccomplsh. The forth question is the joint crime of bribery. Further demonstrates that unofficial staff can comprise the joint offender of the bribery crime. Centering on the staff of companies, enterprises colluding with official staff etc. to discuss this, author points out theshortcomings of two theories, at the same time, elaborates ought to convict somebody bribery crime in accordance with through one weighty. And detailed demonstrates and emphasizing on the analysis of five circumstances that relative does bribery crime for official staff and the definitions of official staff and other's joint crime of bribery.