Study On The Standards Of Completed Crimr Of Acceptance Bribes

The standards of ascertaining consummated crime, namely, the boundaries distinguishing the consummated crime from the attempted crime, is a research topic of both theoretical significance and practical impact. Different distinguishing boundaries, not only involve the attributes identification of other basic theories of Criminal Law, but also influence greatly on the application of the form of quantity of crime, conspiracy theory, the legally-prescribed punishment, etc. in the judicial practice. However, due to the terseness requirement of legislation, consummated crime has not been prescribed sufficiently in the Criminal Law, only has its presence in Artical23of Criminal Law. Just because of the Ambiguous attitude towards legislation, a lot of controversies about the consummated crime standards were aroused in theoretical circles. Different standards of consummated crime will directly affect identifying the status of completed crime of acceptance bribes in the concrete accusation.The article is divided into six chapters. Firstly, the author briefly describes the consummated crime and the completed crime of acceptance bribes, and then marshals and analyzes the different theories about the standards of completed crime of acceptance bribes in current theoretical circles and concludes that, to accurately identify the standards of completed crime of acceptance bribes, the correct understanding and mastering of the protection of legal interest and crime perpetrating act in bribery crime are required. Therefore, the author, based on the separate discussion of these two, stated that the current common views of the standards of completed crime of acceptance bribes pocesses fatal theoretical defects and practical troubles, but the doctrine of stage behavior should be regarded as the standards of ascertaining consummated bribery crime.In the first chapter, after analyzing and discussing the theoretical significance and the practical impact of the consummated crime as well as the current on different theories of consummated crime, the author holds that the degree of infringement of legal interests should be the standards of asserting consummated crime.The chapter two marshals and analyzes the different theories of the standards of completed crime of acceptance bribes in contemporary academia and gets the conclusion that two factors impacting the identification standards of completed crime of acceptance bribes are the protection of legal interest and bribery crime perpetrating act.In the third chapter, the author analyzes several different theories about the protection of legal interest of completed crime of acceptance bribes in the contemporary theoretical circle, believes that the protection of legal interest of crime of acceptance bribes should be the unbribability of official conduct and the public and private property ownership. The unbribability of official conduct directly demonstrates the basis for punishment of the crime of acceptance bribes while public and private property ownership is the specific protection of legal interests under the condition of extorting bribery.In the chapter four, the author states the status and function of the penetrating act of crime in the constituent elements of acceptance bribery crime and integrates the theory of social harmfulness and the Law of Cause in the Criminal Law to discuss the two penetrating acts of crime-one is "the act of obtaining bribes", the other is the act of "Securing benefits for another". Finally, the author concludes that the perpetrating act of accepting bribery crime is "the act of obtaining bribes" while the perpetrating act of extort bribery crime is the act of "Securing benefits for another".In The fifth chapter, the author, along with the standards of Legal Interest Infringement of consummated crime, regards that the standards of legal interest infringement of completed crime of acceptance bribes should take the unlawfulness of conduct and the degree of legal interest infringement into account, and concludes the standards of consummated crime under the two different types of behavior:in accepting bribery, the perpetrator accepts that bribery is an identification of consummated crime, while in extort bribery, other specific constituent elements of a criminal offence should be taken into account and the completion of the acts of extorting bribes should be regarded as the standards of ascertaining consummated crime.The sixth chapter elaborates the identification of completed crime of acceptance bribes under the four cases-accepting bribery, the extort bribery, indirect bribery and kickbacks.