Accepting Bribes The Difficult Problems In The Study

The offense of taking bribe is a kind of more complicated crime, which infringes upon national staff member's job incorrupt. typically, this kind of crime severity poison turn social values, corrupt the good reputation of party and government, people crowd deeply bad to this pain unique, in times gone by is our country penal code stroke of point, especially at our country the anti- corruption initiate today that, strict goes bad, taking bribe the offense is also one of the object that the point punishes.Reform along with the our country economic system at present of thorough, outward open of further extension and our country to the aggrandizement which takes bribe crime stroke strength, take bribe case to present a form diversification, behavior hand segment more and more deceitful, behavior more and more conceal of trend, result in not a few cases check the difficulty of place more and more greatly, the proof collects, fixedly very difficult, cause to fight to this crime not dint, influenced anti- corruption of thorough open an exhibition. Here we main take bribe of concept and constitute, bribe the concrete problem in the crime affirm to announce what time viewpoint; The blemish combined also to bribe criminal present condition and characteristics at present, introspected current law to commit crime in the anti- hush money, suggest from build up the prevention system that the sound and anti- hush money commits crime with perfect and anti- bribe lawmaking two existence spaces that the main noodles begins to squeeze to bribe a crime, attain decrease to bribe crime to take place a probability thus of purpose. Aim at by period indeed and emolliently stroke to take bribe a crime to provide a powerful science basis.The full text divides three parts. The first part is in view of the recent years judicial organ the objective data and the experience which accumulated in the investigation bribe crime process, to current was bribed this social habit crime phenomenon the present situation and the characteristic performs to induce, gave the comprehensive analysis to its investigation difficulty, from our country "Criminal law" and "Law of Criminal Procedure" the angle comprehensive elaboration, for this article key point "the bribery recognized" the necessity buried the foreshadowing.The second part of the article is to bribed the theory explanation which the criminal crime constitutes. In the judicial practice bribe recognizes the existence many theories question, the concentrate dexpression in the crime main body and the objective aspect. Only some present "Criminal law" center the subject of crime and the objective aspect concept and the legislation principle performs to our country in detail to explain that, can for the bribery recognize provides the rationale; Also only to the crime constitution theory aspect upholstery, can practice the concrete bribery to recognize performsto criticize with takes the shed.The third part of this article involves is the bribery recognized must pay attention certain this question. The full text key point to the bribery which this is the author unifies many years judicial practice which to recognize the difficulty displays and performs to solve. The author take the bribery crime with non- judicature and so on crime, this crime and other crime, legal punishment recognized the question has conducted the thorough research, specially to mediates the bribe to recognize has carried on the pointed analysis, proposed own opinion.