Constitute The Crime Of Accepting Bribes And Its Legislative Perfection

As an duty-crime that aggrieving national probity-government system, the crime of bribery has the serious harm to the society. Although legislature , according to the change of Chinese circumstance and situation, has done several effective legislation which causes positive effect to hold back the crime of bribery, even any kind of doubts and suspicious and controversy,from the begining of this sort of crime, have not been ceased since it has its own difficulties and particularities.The paper ,aiming at actual criminal law, defines the subject of the crime of bribery—official of the government, hypo-official of the government and other official endued by law and analyses some kinds of special subject of the crime of bribery.The paper also analyses the subjective aspect of this crime.Through discussing whether "for others benefit" is the necessary factor,property and duty-convenience and whether it exists the problem of co-crime, the paper hold the positive opinion.The paper also put forward the viewpoint mat the object of the crime of bribery should be the probity-government system. Integrating domestic and foreign criminal legal system, penman thought the crime of bribery should be made in sort and constituted by absolute punishment.The penman figures that analysing the crime can explain some difficult and disputed problems in the practice.