The Research About The Mixed Common Bribery Body

In the theory of Criminal Law, the research about the mixed common bribery body is the first embezzlement in bribery problem. Because of the different understanding of the specific application of common criminal theory between the relevant provisions in Criminal Law and General, it has become a home and abroad debate especially for non-national staff Bribery accomplice makes whether it can become the subject of accepting bribes or not. As a result, it makes a different criteria bribery crime common principal in judicial practice, it's consequences would not only weaken the authority of the law's authority, but also gives an adverse impact on the effectiveness in combating corruption for our party and our country. Depth study of this issue, for the current anti-corruption, prevention and punishment of all types of bribery, the ruling of party's position and maintaining social stability have an important practical significance.First part of this paper is the basic features of the common crime bribery of mixed body and then a brief discussion of its meaning about it's basic characteristics which are described in four aspects. For non-national staff, whether he can be complicity in bribery bribes become s the main issue, the paper introduces two views exist in the world's criminal theory system: the positive and negative. This paper tends to affirm that the non-national staff can not only be the main accomplice in the crime of bribery, but also in some cases, he can be a common perpetrator of crime of bribery, which is consistent to the basic theory of the constituting of common crime. And that the noting of Article 382 through the provisions in Criminal Law are attention, not legal fiction, which does not affect the conclusion above is reasonable.The second part is about whether companies, enterprises and other units of staff can be bribery complicity or not and how to conduct qualitative discussion of the theoretical world. It includes four doctrines, the writer will analysis the various theories of rationality in detail and express views about their defects. That the companies, enterprises and other units of the common crime of bribery of staff should follow the specific issues, the problems of qualitative analysis of the principles should applied in the general principal which decided that in special circumstances from a felony. For the close relatives, other specific concerns, units of national staff can constitute complicity or not in the issue of bribery, the paper first introduces the theory existed in different world views, then made several specific detailed analysis of the situation and put forward their own View.The third part of this paper compared the differences and similarities between mixed body bribery and the introduction bribery, also the common bribery and the influenced bribery. Then we may correctly identify the common body of bribery crime in judicial practice. On the problem of how to be convicted and punished about the mixed body in the crime of bribery, the paper argues that it is necessary to adhere to the basic principles of "common criminal, jointly responsible", but also uphold the penalty basic principle of individualized sentencing.The last part of this paper proposes several suggestions on how to improve the common problem of the common crime of bribery: Firstly, Criminal General should be expressly provided in the Penal Code that the one has no identity as the true identity of those who constitute the crime of complicity; secondly, improve and perfect the system requirements for certain public officers, especially in prevention. Finally, improve the common crime of bribery of mixed body from the burden of proof in the legislation to ensure that the correct subject of crime convicted and punished, do not live up vertical.