The Good Offices Of Bribery Research

According to article 388 of Criminal Code of PRC, if state working staff utilize the convenience caused by their power or position and by way of other state working staff's act, the purpose of which is to seek improper interest of trustee, asking for or accepting money or property of trustee, the state working staff shall be deemed have committed accepting bribes. This article is a new stipulation about accepting bribes in our criminal code, which is called good office in accepting bribes in theory, or indirect accepting bribes. According to criminal law of China, it should meet the following requirements : 1, the subject should be special ,that is state working staff. 2, It should be intentionally committed.3,the object violated is the honesty of working act of state working staff. 4, The actor in fact has committed the good office in accepting bribes. There are three features of good office in accepting bribes: first, the actor has used the convenience caused by his power or position ,which is the premise of constituting good office in accepting bribes. Second, through the working act of other state working staff to seek improper interest for trustee. Third, he has asked for or accepted trustee's money or property.The author firstly compared the legislative difference of good office in accepting bribes, after which she drew a conclusion that good office in accepting bribes should be an independent crime. The author thinks that there is very clear defining line between good office in accepting bribes an accepting bribes in general sense. Therefore, good office in accepting bribes should be an independent crime, which good office in accepting bribes is a suitable choice.Then, taking how to understand convenience caused by power or position as the point of departure, the author analyzed several opinions in theoretical field, for example, checking and boarding model, checking and influence model, of which there are defects. Retired state working staff utilizing the convenience because of former work shall not fall into the category of good office in accepting bribes. Only using the...