A Study On Problems Of Confirming The Taking Bribes

Anti-corruption struggle is a long-term and arduous task. With the development ofmarket economy and the increasingly serious corruption, crime is showing a trend of diversityand invisibility and is becoming more and more obviously and Seriously. Big and importantcases are continuing to emerge. In recent years,The judicial organs of China has been takenthe Corruption and bribery cases,especially the points of serious social and impressivecases,influential cases as legal focus on law enforcement and strike.Especially since theparty’s eighteen, our country has dealt with a number of major cases of corruption andbribery,and some cases involved with big amount of bribery,high-ranking and wide rangeofficial,has become the focus of the whole society.At the same time it is also resulted in aseries of talks and discussions about the image of the government,building a cleangovernment.Ancient China has been advocating severe law, the means of punishing corrupt officialsis extremely cruel. As the innovation of legislative means,The1979Criminal Law after thefounding of new Chinese had given a clear acceptance of bribes,after that,the specificregulations,laws, regulations, the criminal law of1997to2009of the criminal lawamendment (seven)etc,has made a further correction and reparation. Through these laws andregulations,We could be more comprehensive on punishing the crime of corruption andbribery,strengthen anti-corruption struggle.These help to promote the development of China’seconomy. However, due to China’s social reform has entered a crucial period,the complex andvolatile economic situation, has also complicated the forms of corruption.as the laws andregulations are not perfect enough,how to define the bribery subject category,how to grasp forthe benefit of others and take advantage of their positions etc are putting forward higherrequirements on the judicial theory and practice.law experts and judicial practitioners have totake new exploration of these problems caused by bribery,and need to carry out detailedresearch and analysis of some problems in the determination of the crime of accepting bribes.Based on the above issues,in this paper,the article is divided into four parts:The first part isintroduction. Briefly introduces the research purpose and significance, introduces and analyzes the research status of legislation of bribery crime in China and abroad,researchmethods and the innovation point;The second part is the identification of the subject ofbribery. This part first introduced three kinds of theories at present the theory of the standard,namely the identity, official said, unity, and combined with the practice of the theory analysis.After including the national staff as the subject of bribery of the four main bodies: the nationaloffice working personnel, engaged in public affairs in state-owned units in the personnel, theunit that is not owned by the state to engage in public service and other units engaged inpublic service according to law.analysis and discuss this four types;The third part,Objectivedetermination of the crime of bribery. This part focuses on the benefits and take advantage oftheir positions to others, carry out demonstration and discussion on the essential factor of thetwo bribery respectively: about seek benefits for others, firstly introduces the outline of thedevelopment of the elements of the legislation, legislative overview of the elements arebriefly introduced, and sort out the passive bribery behavior to analyzes and recognize;Fortaking advantage of this element, in judicial practice, due to various means of bribery, judicialpersonnel have different understanding and grasp, and the crime of bribery is also difficult tograsp. Therefore, the author with some authoritative experts and scholars of the theory, try tostart from the two aspects of the way and the utilization of time to carry on the analysis anddetermination of the elements of identification; fourth chapter bribery crime accomplishment.Firstly, this chapter briefly introduces the related theories of scholars about the cognizance ofbribery crime accomplished standard,analyze and discuss these theories,Then, for thedetermination of the crime of accepting bribes bribes crime, the author by analyzing thespecific case, discusses the disadvantages of public money will be deducted from the amountof bribery in practice, and proposed own view about whereabouts of the amount illicit money.