The Research On The Influence Of Reprocessing Property After Taking Bribes

Taking bribes as one of the most common type of duty crimes is always the emphases and difficulties of criminal law against,whith violates the integrity of the state functionaries through power-money deal.There is a big controversy in the judiciary and the theorists because of no specific legislative bill or enactmen on the influence of reprocessing property after taking bribes.Although the article 9 of "Opinions about some issues of applicable law concerning on taking bribes" (hereinafter referred to as "opinions") whith is promulgated by the Supreme People’s Court and the Supreme People’s Procuratorate in 2007 stipulates the influence of returning and handing property after taking bribes,but there is a bigger controversy in the judiciary and the theorists.This article whith consists of preface, text divided into four chapters and epilogue will expound the influence of reprocessing behavior after taking bribes systematically based on the perspective of the theory of crime constitution and the viewpoint of "back to the original heart".The first chapter is mainly to interpret the basic theory of reprocessing behavior after taking bribes, whith includes the basic concept,classification, and the confusion in the judiciary and the theorists and so on.The second chapter whith is mainly to appound the understanding and application of the law of the reprocessing behavior after taking bribes is the body of the article.Firstly,it explains the internal logicthe of the article 9 of opinions whith lies in the subjective intent of judgment through clarifying the articles of law and the relationship between the first and second paragraph.Secondly,it points out that the subjective sin of taking bribes must be directly intentionally, not a fault or indirect intent and it can be produced before, during and after taking bribes,based on the analysis of subjective fault of taking bribes. Lastly.it expounds the influence of dealing with property after taking bribes whith elaborates the reason, the condition,the influence of the patterns of crime and the main basis and factors affecting the sentencing,based on analysis whether a person has subject intent and the subjective culpability of the mind.The third chapter is mainly to give a detailed account of returning and handing on bribes.This chapter focus on the main concepts of timely, to conceal the crime whith effects the taking bribes,including how to understand "timely", "to conceal the crime", "Interrelated things" and the form of returning and handing bribes and so on.The fourth chapter is mainly to elaborate on the bribed cash used for public.This chapter focuses on three main concepts of "public", "official" and "public welfare" and so on.In conclusion, the author thinks that the key to solve the problem of reprocessing bribes is "back to its original heart",whith we should anslyze a person’s subject intent and the subjective culpability of the mind through his act. "Back to the original heart" is also the key that the author analysis the influence of dealing with property after taking bribes.