Analysis Of The Scouts Du Mou Bribes

With the advance of the national personnel system reform, various forms ofemployment systems appear in state organs, state-owned enterprises and institutions,where various types of appellation of supernumerary staff are born, especially in lawdepartment, such as court appointment clerk, clerk contract employmentsystem, public security organs of the police, gendarmes, auxiliary police and patrolmembers. What they have in common is that none of them are officials but the workthey do has something more or less with the official. Because of the particularity,new controversy on the issues of the identification of the national staff in the judicialpractice has appeared, which results in uncertainty about the criterions for theconviction when people mentioned above have illegal behaviors in the work,especially those with suspicion of crimes. Meanwhile, there is also an argument on thedistinction between the main and the accessory, the application among the crime ofaccepting bribes, the crime of the abuse of authority and the blackmail when suchmen are involved in a criminal case. To these problems, the first thing we should do isto identify the subject of the crime, that is to say, we should solve the problem onwhat criteria to define the state personnel. Now, the academic field has three views:identity, official and identity combined with responsibility, where the same behaviormay cause different results of the identification under the different opinions. Three ofthe views have different focuses and their own advantages and disadvantages. What’smore, there is a saying of “desperate chapter” in a joint crime in a criminal law, whichsuggests the complexity of distinction between the main and the accessory. Besides,there is also a connection among the crime of accepting bribes, the crime of the abuseof authority and the blackmail, the first two of which have a common crime subject.Under certain conditions, the subject can be punished for several crimes. The crime ofaccepting bribes and the blackmail have similarities in the objective aspect of a crime,but due to the difference of the subject aspect, the same behavior may only results inone of the crimes rather than several crimes. The paper tries to give a research on theidentification of the state personnel, the distinction between the main and theaccessory and the confirmation of crimes in a law by analyzing the three controversialfocuses of affecting conviction sentencing of the case that scout Dou etc take briberycrime.