The Conception Of Setting Accepting Gift Or Gifts Crime Alone

On the entitled bribery cases criminal defense forum, in Beijing on September 27, 2014,cheng xin liang,Professor of Peking University School, said the crime of accepting gifts have been written into the "criminal law amendment Nine" draft, May even separate the crime of accepting gifts, which caused widespread controversy in China's judicial practice and theory of criminal law, Although the criminal law amendment Nine did not set the crime of accepting gifts, but whether the behavior of accepting gifts punished by criminal law, and how into the penalty, still deserves concerning and discussing by social.Since the foundation of our country, the problem of corruption has been existing, especially after the reform and opening up,society is in a period of great change,also the social system is not perfect,while Hedonism,individualism and consumerism prevails in china,these lead to more and more serious corruption.then the ways and means of accepting bribes have become more diverse and more subtle.officials have received gifts in the name of reciprocity,this form of bribery was hard to find,so officials received gifts behavior have become rampant that caused people's strong dissatisfaction and damaged the credibility of the government.Although the Chinese government has been committed to the governance of corruption,Because there are defects in the legal provisions of the bribery crime in the criminal law of our country and the ways and means of accepting bribes have become more diverse and more subtle,makes it difficult to solve the problem of corruption.the of phenomenon accepting cash gifts and gifts are particularly prominent.In order to meet the needs of China's anti-corruption work and meet the requirements of China's judicial practice,I think it is necessary to regulate the behavior of accepting gifts and gifts with criminal law.and legislature can set crime of accepting cash gifs and gifts independently.This paper will outline the behavior of national staff accepting gifts or gifts and analysis the necessity and feasibility of setting crime of accepting cash gifs and gifts independently,i will describe facts about the crimes of accepting gifts or gifts,finally set the penalty for the crime.