Accepting Bribes Judicial Determination Of A Number Of Problems

In recently years, the amount of bribery crime is increasing constantly, the crime patterns are getting more concealable and the controversy complicated cases appears. The thesis analyses part of the complicated questions of the bribery crime during the justice practice. The full text is divided by three parts which is introduction, text and bibliography. Introduction generally introduces the reason, purpose of choosing the subject and the basic structure of the thesis. Text is mainly including four parts.Part I. According to the regulation No. 385 of Crime Law of our country, the main body of bribery crime is civil governors. The definition of the managing on behalf of national offices, state-owned companies, enterprises, public institutions or mass organizations. Official business mainly performs in the public business which is related to the power or position and the activities of supervising or managing the state-owned property. Official business is different with labor business. Basic on the theory, the these analyzes the main body recognition for the state-owed hospital doctors, retired civil governors and other people who are engaged in the official business according to the law.Party II Bribery crime is intentional crime which is just the same as other intentional crime that existing joint crime. According to the thesis, civil governors and non-civil governors could be joint complice for bribery crime. Because, the definition that given by 1997 Crime Laws for the joint criminals of bribery crime can only function as an emphasis rather than defining that non-civil governors can be joint criminals only in bribery crime cases. Secondly, viewed from the bribery crime protective interest, non-civil governor people help or abet governor to accept the bribery can also hurt the interest of bribery crime objects. According to the theory of Crime Law, the definition is given for civil governor and other special main bodies. However, for abettor or joint criminal, there's no special identity. On basis of this theory, the thesis analyzes the recognition of joint bribery crime of civil governor and special related people and civil governor and non-special related people.Part III This part is the key stone of the thesis. Bribery crime is the same as other intentional crime, during the crime procedure, due to the different influence of different factors; the crime developing level is different. Thus, there are complete and incomplete crime pattern. Crime law communities and justice practice departments among all the countries are all achieved an agreement that, bribery crime has incomplete crime patter. But there are many different opinions on how to differentiate the complete and incomplete bribery crimes. The thesis confirms that whether accepts others' property as the only standard to judge the complete or incomplete bribery crime on basis of analyzing the incomplete bribery crime theory. What means by accepting others' property? The thesis proposed a theory of actually owned or control which means, accept the property shall be actually owned rather than formally obtain. Then, it analyzes the acceptance for immovable real property, carried interest and other special property.Party V This part analyzes other objective conditions of bribery crime. This part divided by three points. The first points analyze the condition of using the convenience of the power and position. Make use of the convenience of the power is the premise condition for bribery crime whose definition is always disputable in theory and justice communities. According to the thesis, it means make use of the convenience which bring by the position or power. On basis of the definition of the position and other regulations of our crime law, it discourse the point. This small part also discusses the authenticity and legality of the position and using the future power or abusing the power. According to the justice practice, the author gives own opinion. Second point, asking for others' property is the main objective condition. The crime which asks for bribery doesn't need to use 'seek for others' interest' since during the demanding procedure he has already agreed with that. The third point analyzes meditate bribery crime. Meditate bribery crime means civil governors, by using their power asking other governors to use their power to seek for others' interest. Make use of the convenience which brought by his power or position means two aspects. One is related with the power. The second one is a cooperative relation with the third party rather than restrict relations. Also, the thesis analyzes the recognition of friendship between the third party and civil governors and whether the retired governors can be the main body of mediate bribery crime.