Research On The Quantity Of Crimes, Judgment Crime That The Administration Perverts In Taking A Bribe

Civil, judgment crime that the administration perverts in taking a bribe means judicial officers do civil, judgment crime that the administration perverts and at the mean time, they take a bribe. Civil, judgment crime that the administration perverts and bribe-taking are both crimes. According the two different types of bribery crimes, civil, judgment crime that the administration perverts in taking a bribe can be divided into taking a bribe and extorting a bribe. At present, the research on civil, judgment crime that the administration perverts mainly emphasis on constitutive elements of crime and judicature recognized. The quantity of crimes was mentioned rarely.As for the quantity of crimes of civil, judgment crime that the administration perverts, there are four kinds of view-points in criminal theory field. They are statutes’ joinder of offenses, imaginative joinder of offenses, implicated offenses and combined punishment for several offenses. According to the specific stipulation in clause 4 article 399 in criminal law of the existing law, judicial officers who take a bribe with the crime of former three clauses and have the crime in article three hundred and eighty five will be published for the more serious crime. Through the intensive study of the article, we can find as follows. First, to analyze from the stipulation in legal text, civil, judgment crime that the administration perverts in taking a bribe is not included in the clause. Taking a bribe and extorting a bribe are both crimes of acceptance of bribes. They are no difference in nature. But the two crimes are discriminatory in clause 4 article 399. Taking a bribe is published as a felony conviction while exhorting a bribe hasn’t been stipulated in this way. Second, the article is a special stipulation but not a suggestive stipulation. Article 3 of the Explanation on Several Problems Concerning the Applicable Law of Handling the Malfeasance in the Criminal Cases from Supreme People’s Court and Supreme People’s Procuratorate(One) carried out in Jan. 9, 2003 stipulates that civil servants who do crime of misconduct in office and take a bribe, when constituting a crime, they will be concurrently punished for the crime of misconduct in office and acceptance of bribes except otherwise stipulated in criminal law. The explanation responded that malfeasance in the type of bribe should be published as a felony conviction in clause 4 article 399 or punished concurrently which has been discussed by criminal law theory circle and judicature circles for many years. The judicial explanation explicated that malfeasance in the type of bribe should be published concurrently. The stipulation in clause 4 article 399 of criminal law became the exceptional case otherwise stipulated in criminal law. However, as civil servant, judicial officers who take a bribe and have four crimes of misconduct, that is civil, judgment crime that the administration perverts in taking bribes will be punished as a felony conviction but not punished concurrently.According to the basic theory of quantity of crime in criminal law, civil, judgment crime that the administration perverts in taking a bribe are several crimes but not one crime essentially. Therefore it should apply for the principle of concurrent punishment. The description of seeking benefits for others in crime of acceptance of bribes is one of the most important reasons for the controversies in civil, judgment crime that the administration perverts in taking a bribe. Seeking benefits for others shouldn’t be the necessarily constitutive elements. The article 385 in current criminal law should be devised. The relevant stipulations of the crime are advised to be canceled so that the nature of the crime should be reflected. Through the intensive study on the definition of seeking benefits for others and the standard of quality of crime in criminal theory, civil, judgment crime that the administration perverts in taking bribes confirms to the constitutive elements of crime of acceptance of bribes and civil, judgment crime that the administration perverts. It’s essential several crimes. It doesn’t belong to saturates’ joinder of offenses, imaginative joinder of offenses and implicated offenses. It shouldn’t be published as a felony conviction but be published concurrently.The clause 4 article 399 regulates that the quantity of crime in civil, judgment crime that the administration perverts in taking a bribe should be published as a felony conviction. The current regulation has a lot of problems. Not only does it violate the principle of compatibility of crime, responsibility and punishment, but it violate the principle of being equal of all people in criminal law. It isn’t good for preventing and striking judicial corruption crime. The regulation is advised to be canceled. Concurrent punishment should be a principle to apply commonly so that civil, judgment crime that the administration perverts in taking a bribe can be prevented and struck well.