Study On The Determination Of Principal And Accessory In Joint Crime Of Bribery And The Common Bribery Amount

Due to China’s current "criminal law" for qualitative and punishment of joint acceptance of bribes and no clearly defined, so the criminal theory and judicial practice for the amount of principal and subordinate crime and joint bribery joint crime of bribery should be how to identify problems have certain differences. This thesis combines a real case is discussed, in order to make a comprehensive analysis of the above problems, and can provide a useful idea for the future treatment of similar cases. The full text is divided into four parts:The first part is the basic situation of the case. This part is composed of a case, the introduction of the case, differences of opinion and debate aspects constitute, through joint bribery problems related to differences of opinion on this case analysis, and then draw the dispute focus is that common master-slave crime and joint bribery amount in the act of bribery.The second part is "the research of joint bribery theory". The part about a common bribery crime in master-slave and common bribery amount to, first defines the concept of common bribery, then analyses several viewpoints of existing differences in specific cognizance of joint acceptance of bribes, and lists in our country at present of the common bribery crime related disputes existing master-slave sub zone and the joint determination of the amount of bribery the problem of. In view of this, the author thinks that should first distinguish the relationship between it and a separate bribery crime of joint bribery crime, analyze the participation of people from the relationship between the principal and accessory "legal interest infringement and breach of duty of eclecticism" point of view, and then to the "total crime amount theory" as the basis of accurate quantitative penalty range, with "the spoils the amount of said" as an accessory of specific circumstances of sentencing reference.The third part is the "conclusion to the case". In this part, the second part of the combination of theories related to focus on the dispute of this case, the case was analyzed, the conclusion is: on the whole case, and the defendant shall be Guo as a principal, Li and Yang as an accessory, but the three defendant received shares as separate bribery amount to identification and measurement of penalty.The fourth part is the case study of "enlightenment". This part is mainly through the above research, obtains some enlightenment, proposed to the general idea of the principal and accessory in joint crime of bribery is difficult to identify accurately distinguish, can be identified from the "compromise" auxiliary angle, and for the joint determination of the amount of bribery, in some special cases, can be "part of the implementation of full responsibility" principle make appropriate breakthrough, sentencing punishment according to the crime of people who participate in the actual income amount of each. Finally, according to the judicial practice in our country at present, the common bribery and similar cases with "only the amount of" tendency for reflection, put forward the standard of the amount of crime is not only similar in the case of the conviction and sentencing, one of the many considerations but the conviction and sentencing, period of stay in China will be able to establish a feasible comprehensive a true science, evaluation system.