Theoretical Analysis Of The Crime Of Accepting Bribes, And Its Prevention And Control Research

Acceptance of Bribes is an ancient and vigorous crime. It has complex reasons, showing a wide variety of forms, very dangerous to society, so the prevention and control is a very difficult task. Therefore, legislators and jurists are always concerned about the acceptance of bribes. At present, the research in theory and practice of acceptance of bribes has been done a lot in China, some of which are quite useful discussions and careful research. However, following changing times and anti-corruption, the legislation and the traditional theories of the acceptance of bribes are faced with many challenges, and gradually do not adapt to the needs of judicial practice. The theoretical innovation and institutional improvement are urgent. Therefore, this thesis does careful research to the constitution of the acceptance of bribes, and provides new ideas and new methods to the control and prevention of the acceptance of bribes from the criminal law and criminology. This thesis is divided into three parts:The first part recalled the legislative history of the acceptance of bribes. It presents and analyzes the ancient and contemporary history of the acceptance of bribes in China, as well as relevant foreign states. It also summarizes the legislative experience to take a comprehensive understanding.The second part poses the constitution of the acceptance of bribes. Author starts the academic analysis of the acceptance of bribes from the legal interests and objection. On the legal interests of the acceptance of bribes, author introduces various theories at first, and sums that legal interests should have direct and specific features. Accordingly, author analyzes and values each of the above theory, pointing out that the mainstream theories of the acceptance of bribes have some deficiencies in China. Finally, author proposed that the law benefits of the acceptance of bribes should be expressed as "legitimate acts of duties to protect the interests of the community", revealing the real danger to society of the acceptance of bribes. On the objective aspect of the acceptance of bribes, it should be divided into require bribes and acceptance bribes. In require bribes, "for other people's interests" should be an important part of objective aspect, and it should be understood as an objective, rather than subjectively mental attitude or simple promise. Benefit from the protection of law, crimeprevention perspective, author advocates to identify the legitimacy of other people's interests, make the action of do for other people's justice interest impeccability.The third part selects two points of criminology and criminal law theory to explore the prevention and control measures of the acceptance of bribes. The author analyzes the causes and characteristics of criminals appetite, foster three measures to prevent criminals appetite of the acceptance of bribes: erecting a correct world outlook, reducing hidden crime of the acceptance of bribes and attach importance to control the condition of the crime. Establishing a scientific and rational system of penalties is of great significance to the prevention and control of the acceptance of bribes. According to the own characteristics of the acceptance of bribes, China's criminal law should reduce the severity of their sentences, abolish the death penalty, and add criminal fines. Meanwhile, the subjective and objective harm to society of crime of giving a bribe were not worse than the crime of the acceptance of bribes. Thus, it should increase the penalty for the giving bribes, thereby control and reduce the occurrence of the crime of the acceptance of bribes.