Specific Party Several Problems Involved In The Common Bribery Crime Research

Presents the new characteristics in recent years, the bribery crime, crime means more tend to be indirect, to conceal. Specific party as the national staff side person, often involved in the common bribery, formed a benefit for others and taking bribes crime form of phase separation, attempt to circumvent the law. Specific party usually belong to the state personnel's close relatives, mistress(husband), and other common interests relations, often live together, work together and so on, scope of activities are often limited to between them, can convenient contact for the meaning of the crime, it is easy to form a military alliance. Once had, both sides claim are informed, not mean contact common bribery crime, investigate such cases caused by the difficulties. The judicial practice and theory for a particular party involved in the common bribery has a different point of view. In this paper, starting from a real bribery crime case, for a particular party involved in the common bribery, several problems are studied, in order to bring some practical utility theory and practice.The full text is divided into seven parts: the first part: case description and the focus of the debate. Li mou, XiaoMou is briefly described the basic common bribery case by case, the parties and their agents AD litem, prosecutors and court opinions and views, concludes the existing in the case of disputes. The focus of the case is whether a particular participant can become the subject of bribery, bribery, deliberately to both sides how to investigate, for the influence and the use of bribery crime and how to define. The second part: the analysis of the concept of a particular party and participate in the characteristics of the common bribery, correctly grasp the particularity of this kind of crime. The third part: the specific party can constitute bribery main body theory analyzes. Scholars have different point of view to this, there are mainly negative, sure, I agree with must be said, the author analyses and the negative point of view, the foreign legislation and judicial interpretation of our country said to certainly also affirmative attitude. The fourth part: specific persons to participate in the cognizance of the common bribery crime subjective intent. Whether the judicial interpretation on both sides constitutes bribery, the cognizance of accomplice, is based on each other with bribery, intentionally, is "find". The author illustrates how to mutual conspires to determined whether the joint bribery presumption subjective intent, to suppress such high rates of crime. The fifth part: the and make use of the influence of bribery crime. Law benefit of the crime of two similar, objective behavior also have overlap, confused two sin easily happened, so it is necessary to distinguish between, mainly from the scope of crime subject of the crime of two contact, mens rea, infringement of legal interests and defining the crime on the characteristics. The sixth part: combining the focus problems in the comprehensive analysis to the case. The seventh part: specific persons to participate in the improvement of the common bribery. Such crimes relevant provision also has some drawbacks, can make clear from the scope of a particular party and the connotation, enlarging specific party jointly with the state functionary mens rea connotation and perfect specific persons to participate in the common bribery crime charges for perfect, better to crack down on such crimes.