On Bribery Advantage Of His Post

As a scholar once pointed out:offering or accepting bribes is the Internal malignant tumor of Most of the third world countries, it hinders the government of putting laws and regulations into effect, reforms aren't able to be brought into force even they were already passed by the law. The act of accepting bribes hampers the smooth running of reforms on the economic system, the political system as well as many other aspects, which, as a result, not merely causes severe damage to the party conduct and social values, but also disrupts social and economic order. Consequently, effective restraining and further eliminating of bribery crime become not only the crucial factor in the course of modernization, but also the issue involves national lasting stability and durable peace. Life or death, this is a question. However, based on the complexity and particularity of bribery crime, there are numerous controversies exiting in the relevant provision on objective circumstances of bribery crime in China's criminal law, as to" Making use of Duty" of bribery crime, there exist issues such as indeterminate connotation and extension and various shortages in related legislation. Truly, it is worthful for us to have a discussion and research.The text is divided into four partsThe first part discusses the fundamental theory of "Making use of Duty". Basing on defining concepts like" Duties" and its neighboring concept" Duty behavior", summarizing the special stipulated character of duties" in China' s criminal law, referring to some overseas related legislation cases, this part puts forward the connotation understanding of" Making use of Duty" of the article.With the research results of the first part, the second part defines the concept of Making use of Duty" with the legislation evolution of Making use of Duty" in China's criminal law as reference and works of confirming whether" Using work convenience" and Using authority or status convenience should be within the limits of "Making use of Duty". Meanwhile, after analysing stipulations on" Making use of Duty" in the international convention and overseas legislation cases, the legislation proposal of rational analysis on definition of Making use of Duty" has been put forward.The third part starts with the analysis on the behavioral patterns, embodiments and long standing issues of "Making use of Duty" in the judicial practice of China. Probing into identified aporia of "Making use of Duty" behaviour——Making use of past Duty behaviour and Making use of future Duty behaviour.The last part puts forward several targeted suggestions for improvement in accordance with the fact put forward in the prior articles that the bribery crime falls short in the relevant provision of "Making use of Duty" Improving the definition on "Making use of Duty" of bribery crime; Changing the unicity of legislation system of bribery crime in China' criminal law; More sophisticated settings on criminal penalty of bribery crime, in hopes to suit the remedy to the case and aiming at effective punishment and early prevention of bribery crime.In conclusion, the author suggests, with the purpose of effectively combating and suppressing bribery crime, measures like improving legislation and enhancing penalties are far from enough. Intensifying professional ethics education of the state functionary should be the top priority of the cause of combating corruption and building a clean government. Only in this way can we combat bribery crime more effectively and maintain the cleanliness of the duty behaviour of the state functionary.