Study On Several Points Of Bribery Crime

Nowadays we take more attention to anti-corruption in our country. We could found that there are numerous of complex cases of Bribery Crime from criminals once being officers. These complicated cases gradually make us noticed that we can’t easily get the real criminal of Bribery Crime.The case weather Zhang being a criminal of Bribery Crime is a representative case of Bribery Crime. Weather the deputy director once utilized advantages of his position? Weather the deputy director once accepted bribe? Weather the behavior of Zhang belongs to national staffs leaving their posts accepting property. How to calculate the value of Property Interest? These questions show up widely in Bribery Crime. This paper will expound the legal meanings of “utilizing”, “the ambit of one’s position” and “advantages of one’s position”. Utilizing advantages of one’s position means that national official, does something or not, to acquire profits, with advantages of his position. However, the official leaving his post accept property should not be criminal of Bribery Crime for there being not agreement before. Meanwhile, the official leaving his post accept costly bribe should be criminal of Bribery Crime for there being not agreement before. The agreement should not only mean the specific agreement. It includes sketchy agreement. Accepting property doesn’t mean only the official personally accept bribe. At first, the other people help the official to accept the bribe. And then the official accepts the bribe, which also means that the official accepts bribe. The Property Interests also belong to bribe. The Property Interests means that interests being valued by money can satisfy the needs of people except for necessities of life. When we count the value of bribe, we not only take the actual value of bribe into consideration but also take the principle of unity of subjective and objective into consideration. What’s more, the meaning of the count of bribe is not the meaning of the value of a thing. When we count the value of a thing, we don’t take the principle of unity of subjective and objective into consideration.