The Research On The Problems Of Crime Of Accepting Bribes In China

With serious social harmfulness, a common crime of accepting bribes as the traditional type of job-related crimes, has long been China's criminal law focused on cracking. The theory study increases with time, but in theory and judicial practice, there are still many differences and disputes. Starting with the actuality of bribery and basing on the latest researches, the thesis analyzes and discusses some disputed problems in theory and practice in an attempt to bridge differences and conductive practice. The full text is divided into three parts:The first part: The legislative evolution of the crime of accepting bribes. Starting from the basic legal concepts, this section firstly introduces the concepts and legal character of bribes. On this basis, it has recollected crime of accepting bribe legislation course since the development of Criminal Law to have a better understanding of the development and historical background of crime of accepting bribes.The second part: Research on the disputed problems of crime of accepting bribes. This part carries out the study of target of crime from two aspects of theory and practice, that is, the content and scope of"bribery". Besides that, it introduces some new forms of the crime of accepting bribes in the new period.The third part: The scope of persons closely related to the State functionary. The scope of persons closely related to the State functionary develops from the"near relatives"and"specific related party".At last, this part proposes the narrow interpretation of"persons closely related to the State functionary"through judicial interpretation.