The Research On Judicial Cognizance Of Crime Of Accepting Bribes

In recent years, the economy of our country developing fast, the sustain improvement of the economical living level, the fast development of the socialism’s market economy, all of that reasons giving rise the national income highly.But the political restructuring slow by comparison, make the public power still hold the socialization’s leading role, and this leading role make the public officers’ power expand and intervene citizen’s civil life at will. Not restricted power must bring the incoercible corrupt. After the Communist Party of China’s eighteenth Congress, the centre of CPC start the normal anti-corruption model aim to restrict the public power, maintain social fairness and justice, and lock the public power in the institution cage by the combat corruption. The crime of bribery is the high frequency generation in the corrupt, the long term combat corruption didn’t eliminate this type crime at all. The reason is the public power lake the restrict, and the phenomenon can’t ensure the public duty behavior’s with clean hands.Our country has experienced a long-term anti-corruption struggle, but the longterm growth and spread of corruption, bribery in the form of this process becomes complicated, for mediation bribery crime has some particularity. Because the mediation bribery has some hidden, but also in line with our human social life form is very common, and become the judicial authorities investigating crimes in practice often need to face.After the academic and judicial effort, the study of the mediation bribery has accumulated a deep theoretical basis, and guide and affect the legislative and judicial work. The Supreme People’s court constantly through the judicial interpretation to improve the definition of bribery crime, the theory of the development of the theory of legal interests of the criminal law also provides a theoretical study of the core context of the mediation of bribery. And for many years, our country has made a lot of useful reference and help the definition of good offices of mediate bribery in our country through constant reference and introduction of overseas territorial legal system.The author himself has many years of experience in judicial practice, in the process of mediation bribery crime has encountered so many confusion. The experience and thinking of many years of judicial practice, the author summarizes several difficulties that mediate bribery, using the inductive method to its rules in several categories, this paper is divided into several levels of analysis. This paper is divided into three parts, the concept and division of the first part is the mediation behavior in the crime of bribery, the paper focuses on the analysis of mediation bribery law, summarizes the theory and mainstream view on mediation bribery, and in-depth analysis of the view to find suitable. In addition to the concept of mediation behavior and basic methods are summarized, and combining the problems encountered in judicial practice, the definition of illegitimate interests, identified more than two times the mediation behavior, an empirical analysis deals with the distinction between acts of mediation mediation etc, put forward the author’s own views. The second part analyzes the influence of the power and position of the good offices in the crime of accepting bribes. First of all, the main body of the mediation bribery analysis, the characteristics of the subject were discussed, and then the good offices and the use of influence to identify the influence of bribery, tease out the difference between this crime and other crimes. The third part is the analysis of the relationship between the good offices and the duty behavior. By clarifying the relationship between the relationship of the relationship between the bribery and the position, the rules about the determination of the relationship between the price and the price in the judicial practice are discussed.