Research On Several Puzzling Questions About Current Judicial Affirmation Of Bribery Crime

The earliest Chinese legislation on bribery can be found in the book in Xia Book, with a history of more than 4000 years, and the foundation of history does not make the cognizance on crime of taking bribes become easier. The times change, the society develops, the human nature changes but the crime of taking bribes still exist. In today's society, on the basis of getting familiar with the laws and regulations on crime of taking bribes, people change the configuration of crime of taking bribes through various means, making the crime of taking bribes featured by complex subject, ambiguous conditions, multiple configurations and difficulty in identifying the nature. Faced with such a new situation, the author holds that it is necessary to make second research on the difficult issues reflected in the cognizance on crime of taking bribes in the judicial practice. The author begins with the theory and researches several difficult issues in crime of taking bribes in combination with the cases and concludes his own judgments and conclusions.The Bulletin of the Eighteenth Session of the Fourth Plenary Session points out that China should build a socialist legal system with Chinese characteristics, and build a socialist country under the rule of law. “Party leadership” is the guarantee of the comprehensive construction and the completion of the Chinese style of the rule of law, “firm opposition to corruption” is the necessity to maintain the integrity of our party, and but also the necessity to ensure that the party's team can be qualified for the new task of history. Over the years, the procuratorate at all levels have intensified the anti-corruption efforts, and dealt with a number of corruption officials with large social influence and high administrative levels, fully demonstrating the determination of the party and the state to punish corruption; however accompanied by the running of public power, crime of taking bribes is still lingering owing to its masking, and diverse ways. The purpose of theoretical research is to guide practice, to overcome some difficulties in practice, and the faster and better results of the theory of crime of taking bribes can ease the bad results of the legal lag thereof.At present, money and power bartering model in crime of taking bribes shows many new characteristics, and theory circle and practice circle have many different opinions on the new problems, This paper studies several knotty problems in crime of taking bribes in the judicial cognizance and draws the related conclusions, proposes questions from the practice, and detects the answer in the theory, making problems more targeted and operability of the conclusion better, hoping to play a certain role in combating crime of taking bribes.