Qualitative Analysis For Accepting Prison Compensation

Bribery crime is one of the common crimes of duty crime. With the deepening of our country's anti-corruption, the way of bribery is more diversification and concealment. There have lots of difficulties on the determination and punishment for the bribery crime. Recently, two cases happened in Xiangtan limbo city Zhejiang province aroused widespread concern; they are about released prisoners accused taking bribes received"prison compensation"offered by former briber. There have controversies of their actions are crimes or not in the theory horizon and practice horizon. This paper discusses the legal problems caused by accepting the prison compensation, combined with the way of comparative research and analytic demonstration. The author expects to provide some rationales in judicial practice for the determination of behavior pattern of receiving prison compensation, and provide some new viewpoints for our country's recent bribery crime regulations, and give some helps for the legislation of bribery crime.Full text is about eighteen thousand words, and is divided five chapters.The first chapter is the detail introduction of the two cases of receiving prison compensation.The second chapter is the brief introduction of the three viewpoints which are caused by the receiving prison compensation in the theory horizon. The three viewpoints are guilty, innocent and distinguishing.The third chapter analyses the character of receiving prison compensation on the basis of recent regulations of bribery crime and the four elements theory. This paper agrees with the distinguishing. the author considers that the actor is accused bribery crime only when he receives the prison compensation that is agreed.The forth chapter is the analyses of the two cases. The author thinks that these two cases are not constitute crime according to the principle of guilty and rejects the causes which are considered constituting crime.The fifth chapter puts forward some suggestions for completing bribery crime legislation in view of the faults in the bribery crime determination and crime law rules which reflected in the two cases.As for as legislation defection of bribery crime determination and penalty rules, some suggestions of completing bribery crime legislation are put forward in the last chapter.