The Analysis Of Judicial Cognizance Of Bribes In China

From the reform and opening beginning, economic crime has increasingly become the problem that China’s economic development can not be ignored. In economic crimes, bribery proportion is increasing, and Bribes is one of the highest incidence of crime. Faced such situation, an urgent need to intensify the crackdown on the Bribes. Identification of Bribes has been a difficult research subject, and with the continuous development of social life changes Bribes has more complex problems in practice. This paper based on judicial practice are discussed the judicial determination of bribery.First part of the analysis, including the object of a crime, the objective aspect of crime, the subject of crime, and crime subjective aspect of the crime of Bribes, and discussed some controversial issues in the various constituent elements of the crime of Bribes. Such as receiving of property but does not transfer ownership of the circumstances of the how to deal with the problem of identification for the "solicitation or illegally accepts another person’s property, and for others to reap the benefits. Sort out the different theories of academics, review on the basis of his views.The second part focuses on the relationship of the Criminal Law of the People’s Republic of China (hereinafter referred to as the "Penal Code") Section385of the Penal Code Article388of the two provisions, proposed section388of the Penal Code of the good offices of bribery should be independent If convicted, he is not entirely consistent because the two crimes constitute a crime. In the next article, for Bribes and the good offices of the Crime of bribery are discussed. It Is different from the objective aspect of the behavior of two crimes, including to use my position to benefit "and" use my authority or status to facilitate the formation of "difference" for others to reap the benefits "and" seek not for others legitimate interests "in the" interests "and" improper benefits ".The third part, the first analysis of the influence of taking bribes to set up the background, then introduces some of the problems in the establishment of the influence of taking bribes, the two judicial determination between Bribes and influence of accepting bribes. Next, we will analyze the problem of determination of two crimes based on the judicial practice and combined with the specific case of two of the Crime.