Accepting Bribes Of Legislation Is Perfect

The crime of accepting bribes is the fact that governmental working staff take the advantage of their posts to serve for the personal purposes of the bribers with the condition of illegally receiving and demanding other's money and stuff. In recent year, on the crime constitution of the acceptance of bribes, a hot discussion appears in the law circles, different views are in the argument, and even some difficult points lead to confusion of understanding: and usage in the legal practice.The article take four problems of the crime of accepting bribes as the research object. It does the research on the several problems in the assumption of the crime of accepting bribes and puts forward personal opinions so as to play some role in the criminal legislation of the crime of accepting bribes and the theoretical and judicial performance of the crime of accepting bribes.The article consists of four parts as follows.The writer puts forward some suggestions on some problems in the legislation of the crime of accepting bribes in our country. The first part of this paper discusses three views of the scope of bribe. The author thinks that the scope of bribe include property; property interests, non-property interests, and confining bribery to non-property benefit is necessary, feasible, and not violates the spirit of legal conviction principThe second part mainly talks about the problem of making use of the convenience of the posts. This part separately talks about the different views on the "the use of principle-job-convenience" and "the use of principle-job-convenience and principle-posifion-convenience" for the purpose of distinguishing the relations between Article 385 and Article 388 of Criminal Law so as to settle down the confusing use in practice of these two Articles. There are three kinds: making use of the convenience of the personal post, making use of the convenient conditions in the personal authority or social status and making use of the convenience of the past and future posts. The writer suggests modification or cancel this kind of parlance of making use of the convenience of the posts to perfect the defaults in the legislation.The third part of this paper analyses the problem of "seeking benefits for others". Whether the profit is legal or not depends on its nature, rather than the way a person gets it. Profiting others should also be considered as a important factor of askingbribe. The essay suggests that the definition of a bribery should be changed into the following: A bribery is a kind of crime in which the personnel in a state-owned department makes use of his own obligation, intends to profit others by asking them for money and properties or accepting their properties illegally.The forth part of this paper discusses the punishment problem of the crime of accepting bribes.In the respect of the legislation of punishing the crime of accepting bribes, the author thinks that it should be revised and perfected in the following aspects:perfecting pecuniary permlty;increase qualification penalty of disqualification from office.etc.