Common Crime Of Bribery Study

Joint crime of bribery is a special form of bribery crime, it has more complexities than single and is a particular feature of contemporary bribery crime. Joint crime of bribery is a controversial issue in the judicial practice, which relates to the theory of joint crimes and status crimes. It is of far-reaching significance to understand the constitution and disposal of the joint crime of bribery correctly in the judicial practice and anti-corruption combat. This article lays emphasis on different doctrines of the constitution of joint crime of bribery as well as the cognizance in practice on the basis of the author's experience. This article has about 30000 words and is divided into four parts.First , State the correlation provisions of joint crimes and status crimes in the criminal law of PRC; sum up the main gist in dealing with cases of joint crime of bribery; then conclude the concept and features of joint crime of bribery. Joint crime of bribery is criminal acts that state functionaries each other or with other persons , by taking advantages of their position, extorts or accepts another persons' money or property in return for securing benefits for another. Joint crime of bribery has three main features: 1.crime subject are more than two persons and at least one state functionary. 2.there is joint intention of accepting bribes between every bribee.3.there is joint act of accepting bribes between every bribee. Second, On the crime subject, it is confirmed that the affirmative view about whether non-state working personnel can constitute joint crime of bribery is more reasonable than the negative view from the basic constitution of joint bribery crime. It's discussed that a unit can be taken as a joint crime subject.Third, as for the subjective aspect of joint bribe taking ,on the crime subjective condition, various formats of intention involving cognition factor and will factor of joint crime of bribery are discussed; intention of practicing joint crime of bribery, intention of instigating joint crime of bribery and intention of helping joint crime of bribery. Various situations not thought as joint acceptance ofbribes in judicial practice are enumerated. At last, objective respect of the joint crime of bribery. Understanding of "securing benefits for anothers". It is an objective element and implementation of the behavior to seek the interests for others, in the author's opinion, securing benefits for anothers is the important objective factor of bribery crime and given reasonable explanations. The "another" invoved in the "securing benefits for anothers " includes not only the briber ,but also the third party or unit designated by the briber .The legitimate interst and illegitimate interest are all covered by the "benefits" thereon .promising to secure benefits for another satisfies the minimum requirement of the "securing benefits for anothers". The standard of accomplished crime in the joint crime of bribery. With regard to the objective aspect of the crime of joint bribe taking, three points shall be clarified. First of all, there shall be no one set standard for the determination of accomplished crime of joint bribe taking; 1.an offender has already started to commit acceptance of bribes.2.an offender is prevented from completing joint crime of acceptance of bribes.3.an offender is prevented from completing crime for reasons independent of his will. The criminal amount is the most important element of criminal determination and penalty measurement. Basing on the rule of "partly participate totally be charged", it is demonstrated to be reasonable that every complicity should be responsible for the whole amount of joint bribery.