Empirical Research On The Subject Of Taking Bribes

Bribery is common in China's judicial practice, multiple crimes, has been the object of our focus on anti-corruption combat. In this study of 1000 cases of judgment,whether the defendant has a national staff identity, generate controversy in the public prosecution, judicial and defenders found on close to 200, accounting for nearly 20%.Among them, the most controversial case focused on the defendant in state-owned enterprises, state-owned holding shares of a corporate career in the private sector as well as by the identity of the national delegation of personnel identification. Whether for national staff, constitute bribery is still the issue of non-national staff accepting bribes, and is the focus of controversy. Currently, due to the frequent interaction between the political deepening reform of the economic system, institutions and economic organizations personnel, the nature of national staff in the traditional sense changed greatly, resulting in bribes body range has been in a state of uncertainty, both from judicial practice, or from the perspective of criminal legislation perfect, exactly how to grasp the specific scope, they are very complex issues.Through analysis, clearly determined whether the suspects belong to the state organs or enterprises and institutions delegated to non-state enterprises or social organizations, in order to analyze whether it is legitimate and valid assignment to accurately grasp the delegate accepted to become a recognized national staff this standard; engaged in official activities, as long as they perform public service act was in fact exist, even if it is related to the identity of illegally obtained and engaged in public service, does not affect the identity of the national staff of accepting bribes when having determined; for Appointment of staff identity Affirmation, to clarify whether they engaged in public service and in a leadership position to define whether it belongs to the national staff of accepting bribes, and whether the state can not be permanent staff to determine its identity.