Study Of The Crime Of Bribery Of A Number Of Issues

This essay mainly offers the research on the questions of acceptance of bribes,including the development of the legislation,the judgement of making use of duty cinvinence,the judgement of making profits for others and the acceptable scale of bribes.Based on the criminal judicial practice,the essay offers the author's opinion on the criminal punishment perfection. The whole aritical is divided into five parts"Part One Acceptance of bribes judgement investigation. It has carried out generalregulations on racceptance of bribes since the foundation of the P.R.C. With thedevelopment of economy,more -detailed regulations have been done. 1997's NewCriminal :Law has offered different regulations for different occasions with theconclusion of the past laws,regulations and the current-social need.Part Two The judgement of duty convinence in acceptance of bribes. In this part, the author comments on the accurance of making use of duty convinence,its difference from that of corruption,and exact discussion on the question if taking advantage of job convinence is included.From judicial practice,it analyses some different situations of making use of duty convinence.Part Three The research on questions of making profits for others of bribes acceptance,during which three questions are concerned. At first ,the case content fo making profits for others;Secondly,it is subjective or objective to make profits for others;Thirdly,if it is the consisting center part of the solicit bribes.Part Four The judgement of bribes in acceptance of bribes. The essay offers the analysison the different ideas in the field of science of law and practically concldes that the judgement of bribes should be expanded within certain scales. The products without physical profit should not be regarded as bribes.Part Five The judgement of economical acceptance of bribes. The essay offers opinions aiming at the second regulation of No.385 in Criminal Law :during the economical communications,official adiministrators who act against the national regulations to accept any kinds of commission,service charge and keep as personal property should be punished as acceptance of bribes.And the problems of commission,service.charge and economical communication are also analyzed.Part Six The -suggestion on the perfection of the law of the judgement of acceptance of bribes. Careful research has proved that it is not reasonable to judge the punishment of the acceptance of bribes compared with the xorruption,the equippments for the punishment of acceptance of bribes are not sufficient,many disadvanges still exist to the punishment of acceptance of bribes .Based on these, the suggestions ;are offered .asa the followings:our Criminal Law should have its own punishment to acceptance of bribes;add related punishment;adjust the fine and property punishment ways;perfec the division of different occasions ;and punishment degree;build the occasional system;take full consideration of the bribes amount,bribs way;bribes situation,bribes result and bribed persons.