The Analysis Of Bribery With Accepting Salary Nominally

With the in-depth development of anti-corruption struggle in mainland China,the birbe behaviors are constantly changing,and showing features that are diversificated,hidden, optional. A very complex situation that national public servant’s family members and other relatives closed participated in the bribery accept nominal salary is very typical, so it will be studied deeply in this paper.Chapter one,the bribery with accept nominal salary in Zheng Xiaoyu case is choose to analysis,and the standpoint is the essence of the accepted nominal salary berbery is accepting other people’s property illegally and in this situation constitute of joint crimes depends on whether actors are committed common crime acts and common criminal intents or not.Chapter two,there wil be some discussions about the criminal theories related to the accepted nominal salary bribery.Firstly,this paper take historical research methods to study criminal rules related bribery accomplice since 1949 in China’s Mainland.especially the debates initiated by deleting clause that stipulated cirme of bribry’s accomplice in criminal amendment on 1997,and showed the process that the scholar and practice field hold the same opinion.Based on these dabates,I believe that non-national public servants be the accomplice of the bribery from the Criminal Law.Combined with the theory about the relationship between participation and qualification in criminal law theory,introduces different views about this issue in our country,and hold the viewpoint that the debate has very little meaning on judicialpractice.And then,this paper analysis the punishment range about the non-national public servent who participate in the bribery with accept nominal salary tape,and show that we need interpret the concept,specific related people, widely,so it can keep pace with the concept “close relationship people”in legislation.In chapter three,the concept of the bribery with accept nominal salary tape is described that thoes people who have close relationship with national public servant but don’t have this qualification accept money from briber with nominal salary tape without warrantable reason as he or she don’t take or enough work.After that, with empirical analysis about more than 10 cases,the article generalized three characteristics about the bribery with accept nominal salary.Firstly about subject,the people who have full ability of criminal responsibility can participate,but usually is national public servant’s family member.Secondly in objective act,the amount that accepting other people’s property illegally showed small each time but usually during along time.And these acts have obvious signs to prove.Thirdly about subjective purpose,culpability is direct intent.National public servant or others who have close relationship with them have realized that accepting nominal salary from other people is bribery in essence and the relation with qulification about national public servant or thier qulification behavior,and determined do it.Next,this paper proved that thoes people who have close relationship with national public servant but don’t have this qualification accepting bribery in nominal salary are shall be penalty,because their behaviour aggrieve the interest protect by crimimal law and they should be bear legal liability for their own actions.Final,this paper divided the bribery with accept nominal salary into classes and analysis it one by one.In the situation that a state functionary or his or hers relative accept the bribery with nominal salary individually,the state functionary constitute Cirme of Bribery,the relative may constitute Crime of Making Use of Influence to Take Bribery from Article 388(A),and another state functionary execut the official act because of the call from the relative may constitute Crime of Dereliction of Duty.In the situation that a state functionary and his or hers relative accept the bribery with nominal salary collectively. the state functionary constitute Cirme of Accepting Bribesevery case.For the relative who have close relationship with state functionary but don’t have the qualification,if unknown the fact that State functionaries help trustors to seek illegitimate gain,the relative should not be identified Accomplice in Cirme of Bribery but the relative may constitute crime of covering up or concealing the criminal gains or the proceeds from the criminal gains or crime of money-laundering;if known the fact above,whatever planned ahead or in the behavior process,the relative can tally with cirme of bribry’s accomplice.The state functionary is executor in the crime,and the relative is abettor or helper.According to the role in the crime, they all may constitute a principal or accessory in the crime.The relative should be given a mitigated punishment due to lack of the identity elements of responsibility.