The Bribery Non-state Staff Accomplice Question Research

Bribery of non-government workers in the accomplice issue is the focus of today’s anti-corruption. Currently there is no agreement in the problem of complicity between non-government workers, especially in identifying an accomplice from the judicial aspects. The author conducted a study of an accomplice that non-government workers taking part in on the basis of what Chinese and foreign Criminal law scholars have studied.30,000words or so, this paper, in addition to the introduction and conclusion, is divided into four parts:Part I:Introduction of the theoretical basis of non-government workers accomplice issue in the crime of bribery. This section includes whether non-government workers can commit bribery complicity; whether non-government workers can constitute the implementation of an accomplice guilty of accepting bribes; whether government workers can be bribery instigator of complicity in mixed identity and the legislation evolution of identity crime. The author in this part take use of the combination of Chinese and foreign scholars studying the theory of criminal law.Through listing and analyzing many examples, the author believe that non-government workers can constitute complicity in the crime of bribery and that non-government workers can not constitute the implementation of an accomplice of accepting bribes and that government workers cannot be bribery instigator of complicity in mixed identity.Part II:Introduction to current judicial reality of the government workers in the crime of bribery. In judicial practice, a truly joint criminal prosecution of bribery ratio is very low and the ratio of the crime of taking bribes sentenced is lower. First, there is no agreement in the problem of identifying accomplice bribery for non-government workers.Second, government workers and non-government workers are in collusion to evade the law. Third, how the patterns of people file for investigation exerts an influence. Fourth, Bribery case needs evidence, Fifth, consideration of social effects.Part Ⅲ:Analysis the bribery of staff in the judicial determination. First, the accomplice question for taking bribes should be regarded from crime deliberation and the objective aspects to affirm sin or not.Second, bribery complicity, using the influence of bribes, bribery introduction and fraud are compared and analyzed, Third, how the amount of bribery complicity is identified. The author agreed to work together to bribe and on that base suggested the amount of sub-dirty was suitable for non-government workers whose plot were not serious.Part Ⅳ: Suggestions on how China improves the problem of non-government workers complicity. First, to perfect criminal law, it is recommended that the issue of non-government workers accomplice bribery should be clearly definite and the death penalty for bribery should be abolished. Second, the social measures should be proposed to prevent such crimes.