Study Of Key Controversial Issues On The Bribe-Taking Crime With The Power Of Public Power

Since the bribes-taking crime with the influence of public power was listed formally in the criminal law, many controversial issues in the judicial practice and the theoretical study happened, making the judiciary’s identifying a lot of confusion. This paper attempts to conduct a comprehensive and detailed analysis to those key disputed issues concerning the applicable of crime in judicial practice, so as to offer some of views and suggestions for reference.The paper is divided into four parts. The first part is an overview of bribe-taking crime with influence of public power, including the related legislative history, the constitutive elements of the crime and the important practical significance of establishment of the crime in the criminal. The second part of the paper mainly elaborates the influence of the crime. It analyses and judges the type, sources, and size of influence with public power from an actual case, and argues the point of view that the national staff should be applied to conviction punishment of the bribes-taking crime in the case of combining both the power influence and the non-power influence. The third part focuses on the subject the crime, including identifying over the special type of national staff, person in close relations with national staff, and temporary employed staff, and analysis over how to identify the subject of crime of the nine types of relevant person as the national staff engaged in labor work, national staff in probation period as criminal subject of this crime. Meanwhile, it also argues the series of points of views that determining of the relative degree of the Relevant Persons in crime by dynamic vision, limit application of existing laws on office-leaving national staff, and detailed time-frame of office-leaving. In the fourth part, the joint offence is described. Using A case of accepting bribes, it analyses the differences between the bribe-taking crime and the bribe-taking crime with influence of public power; identifying of accomplice of bribe-taking crime with the influence; determination of joint offenses of national staff and their close relatives or other close persons, leaving national staff and close relatives or the persons close to the national staff and their close relatives or persons close to the national staff, and office-leaving national staff and national staff in post.