Researches On The Number Of Mixed Crimes Of Bribery And Malfeasanc

The current judicial practice in our country, mixed crimes of bribery and malfeasance have been the current position of a permanent form, mixed crimes of bribery and malfeasance is punished by a crime or two crimes is chaotic because the law is not uniform, various scholars’ opinions in theory and cognition are not consistent, in judicial practice, cases are different too. how to deal with the mixed crimes of bribery has become the current procuratorial organs investigation difficulties in criminal cases of duty crime case. In order to unify the rules of judicial application of dispute on January 8, 2013, the supreme people’s court, the supreme people’s procuratorate jointly issued "on handle the malfeasance in the criminal case applicable law(a)" the explanation of some issues. According to the explanation, the same form of malpractice and bribery crime, the judicial personnel is punished according to a heavier punishment chosen from the two crimes, but other national staff and the public will face the combined punishment for several crimes, so this kind of law will cause substantial injustice. According to the the common sense, judicial staff can be called "know the law, just break it", the simple concept of punishment should be he simple concept of punishment should be "just that, been to, doubly guilty ", but here is " just that, given a lighter punishment ", and this is clearly not in line with thesimple concept of justice, it is the equilibrium of the offense.How to understand and to bribery and malfeasance in the general national office working personnel and the formation of differences between the judicial personnel? How to evaluate this kind of "same crime different punishment" legislation and judicial interpretation? What is the reason of solving this differential design way of thinking and criterions for the conviction is ? This article tries to discuss these issues.The full text is divided into four parts, the specific contents are as follows:The first part, Laws and regulations about the number of mixed crimes of bribery and malfeasance. on this base, make deep analysis of problems of different processing rules between legislation and judicial explaination.The second part, sources of conflict of punishments about the mixed type crimes of bribery and malfeasance.Firstly, expounds the status of "seek interests forothers" in bribery, according to the problem of different ideas produce three different theories, they are objective theory, subjective theory, and new objective theory, adoption of different theory of the mixed crimes of bribery and malfeasance will produce different effects. Secondly, analysis the nature of the "favoritism" in the malfeasance crime of favouritism type. there are different views, mainly including the following kinds: behavior, purpose, motive, behavior motivation.The third part, the number of bribery and malfeasance in the theoretical controversy. mixed crimes of bribery and malfeasance should be punished for several crimes or for only one ? There are many differences in theory. Even in a sin theory, there are are combined crimes of imagination, a sin theory of absorbed crimes. secondly, anal the theoretical bases of theory of several crimes Adhere to the combined punishment for several crimes, this kind of shoud be punished for several crimes. The main theoretical bases are as follows: the theory of crime constitution, equilibrium principle, the principleof banning repeated evaluation.on the base, make a theoretical analysis and evaluationof gain and loss of two kinds of viewpoints trade-offs.The fourth part, path to resolve the problem of rules of the number of bribery and malfeasance crime. On the basis of the former three parts’ analyses, puts forward the paththe current judicial’ broken rules of bribery and malfeasance crime.