Common Crime Of Bribery Of A Number Of Issues

Crime of taking bribe is a type of common occupational economic crime instate staff. It is more complicated of joint bribery of the mixed subjects. As atypical issue, it not only has gained more attention from criminalists, but also playsa significant role in punishing political corruption and in building an honest andclean government.This paper centers some questions about disputed joint crime of briberydefinitions, absorbs and refers to the mature and influencing ideas. This papertakes up the following six parts:The first part: there are positivism and negativism on whether a non-state staffis liable to offence joint bribery crime in theory. I agree on the positivism. In myopinions, the third paragraph of article 382 is an attention provision, rather than alegal fiction. According to this paragraph, any general subject who conspires witha state staff to engage in the act of joint bribery crime should be regarded as jointoffender in the crime of joint bribes.The second part: it is about the action of joint bribery crime with two pointsare involved. First, it is the action between the state staff in joint bribery crime.Second, it is the action of the state staff and non-state staff in joint bribery crime.The third part: The definition of assistance and instigation in joint briberycrime. Four points are discussed as follows. First is how to define the assistance.Second is how to define the instigation. Then difference between the assistant andinstigator of joint bribery crime and the crime of introduction for bribery. Finally,when the state staff help and instigate the non-state staff to carry out the crime ofbribery, they shall be joint actor of joint bribery crime.The fourth part: It is about the determination and disposition of joint briberycrime for the state staff and the employee of corporation and enterprise.The fifth part: It is about the determination and disposition of family jointbribery crime. Joint bribery of state staff and their family is very complex in judicial practice, so they treated differently according to different circumstances. Itshould be paid much attention on the willful attention of the family members.The sixth part: Joint bn'bery of the natural person and the unit. First, unit canbe subject of joint crime; Second, how to define the limit of unit joint crime;Thirdly, in the circumstance that natural person and a unit commit the joint briberycrime, they shall be given different punishment.