Legislative Defects Of Accepting Bribes And Perfect

Accepting bribes is a typical job-related crime, which remains in a high-prone period at the present stage of China. With the social development and progress, accepting bribes develops with many new situations and new problems; existing inadequacies of accepting bribes in the legislation is gradually exposed. In academic circles, the problems exists in legislation against accepting bribes have been more controversial, being among widely divergent positions. By discussing the current deficiencies of the legislation against accepting bribes and borrowing the legislative from Hong Kong, Taiwan and other foreign countries, in order to solve the difficulties in judicial practice, perfect our country's criminal legislation and crack down bribe-taking and prevent accepting bribes effectively, the paper provides a theoretical reference.This article discusses current situation and characteristics of China' s bribery crime, analyzing the varied types of reasons for bribery taking place at present, including legislative defects, etc.Secondly, using legal theory and combining with the judicial practice of the actual situation, the paper makes a systematic analysis of the various defects of accepting bribes, including indefiniteness of the main body in bribery, bribery "property", taking bribes "to seek benefits for others" , accepting bribes' "to use one' s position to facilitate", the crime of bribery charges and penalties for accepting bribes, and so on, summarizing the problems of judicial practice, which conflict with the existing legislation for taking bribes, showing a detailed analysis of the crux of the problem.Third, the comprehensive method of comparative analysis is used in the paper that borrows legislation from Hong Kong, Taiwan and foreign countries, as well as the relevant provisions in "United Nations Convention on Anti-corruption", to explore and research the criminal legislation improvement for accepting bribes in China, besides, the paper puts forward appropriate perfection or countermeasures one by one, including the expansion of the main body range and bribery content, the abolition of "seeking benefits for others" as elements of the bribe-taking crime, replacing " to use his position to facilitate " with " the use of terms ", increasing the provision to the charges of taking bribes and improving the penalties for accepting bribes.