Study The Problems Of China's New Crime Of Accepting Bribes

The Supreme People's Court and the Supreme People's jointly issued "the Opinions on Issues concerning the Application of Law in the Handling of Criminal Cases Involving the Acceptance of Bribes" in2007.Hereafter referred to "opinions",It makes up for the deficiencies of the traditional criminal law provisions of the new types of bribery and takes the behavior of the great harmfulness into regulation of the criminal law, which is difficult to be recognized as a crime according to the traditional criminal law.It provides more viable legal basis for specific cases in the judicial practice. This opinion played a certain deterrent effect on the new crime of bribery,But,at the same time,criminals take full advantage of various forms of legitimate civil and commercial behavior to carry out criminality and the means of bribery continue to transform, upgrade,which strengthens the concealment and brings some difficulties to the identification of the specific crime in the judicial practice.Traditional criminal law theory cannot regulate the new types of bribery effectively.For these problems existing in the judicial practice,This article intends to make a systematically and thoroughly study about some key issues.Specifically,This article consists of three parts,The first part is the outline of the new types of bride-taking.It introduces the current development and the reason of the new types of bride-taking,and the necessity of law regulation,combined with relevant statistical data and new types of bride-taking's characteristics which demonstrated in judicial practice.The second part is the normative analysis about the new types of bride-taking.It Introduces the relevant legislation of the new types of bride-taking.combined with <United Nations Convention against Corruption>'s influence on the China-related law and judicial. It expounds the main types and behavior of the new crime of accepting bribes in the judicial practice.The third part selects several major problems about new types of bride-taking in the judicial practice,combined with different theory and practice-related issues to make a deep research and propose a suitable suggestion to solve specific issues in judicial practice.