Study On Several Problems Of The Special Related Person Participating In Co-Bribery Crime

In contemporary, the special related person participating in co-bribery crime often appear in the judicial practice. This kind of crime is mainly expressed in the following:in the subjective aspect, national staff and the special related person conspire, form the common bribery intention; objectively, national staff and the special related person divide the work each other, cooperate together, complete the crime of accepting bribes.Because the special related person are mostly national staffs relatives, lover or common interest person, the crime between them is concealed, judicial organs involving identification of the special related person participating in co-bribery crime is difficult. At the same time, theorists have different views on the relevant legal provisions. In this paper,the common bribery is studied in the special related person from the following aspects:The article is divided into four parts, first of all, the first chapter starts from the Jiang Yong and Tang Wei bribery case, elaborates the whole case of the special related person participating in co-bribery crime, discusses opinions and views of Party and Cognitor, the prosecutor and the court, and leads to some academic opinion and judicial dispute;The second chapter mainly discusses some related basic theory of the special related person participating in co-bribery crime,including the specific scope of the special related person in the law, characteristics of the special related person participating in co-bribery crime, as well as main body theory analysis of the academic circles on the special related person constituting co-bribery crime.The third chapter mainly analyses subjective intent, objective act of the crime and the punishment of the special related person participating in co-bribery crime in detail. From the subjective aspects, suggest that the legislature carry legal presumption and burden of proof system,and put forward some of my own views.The fourth chapter is about some personal legal thinking and legal advice, including clearing the legal concept meaning, and enriching bribery crime system in the specific provisions of criminal law,and suggest legislature add non national staff of mediation bribery crime,detail and clear the nature of various types of behavior, and so on.The author believes that the method of some combat bribery crime in law, punishing corrupt, should not only be studied, but also strengthen the socialist moral construction, socialist tradition and ideology to influence and educate citizens, eliminate corruption from the bottom of my heart. The use of legal and moral, two swords fundamentally eliminate corruption and bribery corruption.