On The Non - State Officials Taking Bribes

With the rapid development of China's market economy,some non-state staffs in some companies, enterprises and other units use their post to seek or obtain illegally property from another person and makes profits for the latter. It may even become the potential rules of some sectors of market.Its bad influence to an orderly and fair market competition and normal operation of the company, enterprises, and other units. Crack down on the crime of taking bribes by non-state staff must be made.The article 163 of china's "Criminal Law" provides the crime of taking bribes by non-state staff:"A person of a company or an enterprise who takes advantage of his post to seek or accept illegally property from another person and makes profits for the latter shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if the amount involved is relatively huge and; if the amount involved is especially huge, to fixed-term imprisonment of not less than five years and may concurrently be sentenced to confiscation of property.A person of a company or an enterprise who, in the course of economic activities, accepts any rebate or commission for his own in violation of the state's regulations, shall be sentenced in accordance with the provisions of the preceding paragraph."There is a big debate in criminal law theory and judicial practice about the crime of taking bribes by non-state staff.This paper will elaborate on the constitutive elements of crime including the object, objective aspect, subject, subjective aspect.I will detail the main object of this crime and the objective aspect, especially the particularity of taking advantage of post, identification about seeking or accepting illegally property, makes profits another person, crime object and so on. This paper will also elaborate completion of a crime and attempted crime, in addition, comparative study the crime of accepting bribe, the crime of duty encroachment and Commercial bribery crimes. Finally, I will talk about the views of special constitutive elements of crime, as well as distribution and improvement of legal sentence.