| A common crime of accepting bribes as the traditional type of job-related crimes, has long been China's criminal law focused on cracking, on the theory study Increases with Time. But with the deepening of China's reform and opening up, and the establishment of market economy, the means of accepting bribes or both methods are compared with the past has been greatly changed. Judicial practice have many difficult issues that must be resolved, in theory there are many differences and disputes. This article on the crime of taking bribes to several more controversial issues of research and study and put forward some of their own shallow opinions in an attempt to bridge differences and conducive practice. The full text is divided into five parts: the context of a bribe. The author of bribery in the national legislation requirements and compare theoretical controversies at the same time, the existing legislation on bribery in the judiciary under the conditions identified, as well as the expansion of the scope of bribery and made some of our own. Elements of the research office. In the "use of his position to" and "the use of authority or position of the necessary conditions to facilitate formation of" comparative analysis on the basis that the use of the past and the past of his position to clarify the issue of perspective. The third chapter tell "to benefit other people." Elements reflections. In the interests of the elements of the crime of taking bribes and the legal status of the legal attributes of a comparative study, "to benefit other people." As a subjective element and should be kept. Four main defined. The national staff of the connotation and extension of the crime of accepting bribes and some special performance of the main forms of proof and judgment. Five legislative proposals. Against the existing law and its shortcomings, the proposed re-definition of the main provisions are perfected, the additional charges, punishment mechanism and standards remodeling, and so on. |
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