Difficulty In Accepting Bribes In Justice Research

Bribery crime is a kind of duty crime of the strongest concealment.With the continuous development of society,the bribery crime shows the characteristics of diversification,intelligence and style.It not only destroys the social conduct but also endanger the national regime.Cracking down on bribery crime is people oriented.Bribery is not a new crime,but has a lot of difficult problem in the judicial practice,such as the connotation and denotation of"taking advantage of position",the bribery of "emotional investment",the cognizance of bribery joint crime and so on.The paper will discuss the problems encountered in the judicial by the way of asking questions.analyzing problems,solving the problem.This article is divided into four parts besides the introduction and conclusion:The first part analyzes the basic concept of the crime of bribery and the object,the objective aspect.the subject,the subjective aspect of the four elements of the analysis and discussion,and then it will analyze the essence of acceptance of bribes---"power-money deal"as well as behavior characteristics of state personnel duty.The second part,this paper will explore the intension and extension problems of "taking advantage of duty" which can be understood in different ways in theories and practices.The main focus of the problems including firstly,does "taking advantage of duty"mean the advantage for their posts?According to the relevant provisions of China and the legislative intent,taking advantage of duty on the crime of taking bribes is an essential element.Secondly,does it include the advantage for their past and future posts?Because of the need to have foresight for bartering.so does not include his office in the past also does not include his office in the future,need to be clear that the behavior of people is by taking advantage of the current.Thirdly,whether it also includes the work of my job,job behavior is different from the characteristics of a professional and other features of the work,that is job convenience does not include the work of.The third part,this paper will analyze how to cognize the hidden behavior patterns—"emotional investment bribery".For years,it is controversial that whether it is bribery if government officials accept gifts or red pocket from companies or individuals.Some believe that it is Chinese traditional way to express their appreciation of relationships which cannot be a type of bribery.While others argue that there must be some purpose hidden in the gifts and red pocket which is a kind of emotional investment,and thus it should be bribery.Moreover,another voice advocates that accepting gifts and red pocket should be got fierce punishment.This paper considers,in some cases such as at weddings or funerals,it is understandable to send and accept gifts or red pocket.However,if "the giver" has the purpose of getting power or position,it should be considered as bribery.The fourth part,the difficult problems in the bribery joint crime are analyzed.There is no dispute To constitute bribery For non-national staff and national staff but non-national staff is to help make in the most time.Whether the non-national staff can constitute committing bribery or not,there are different points of view such as the theory of sure,negation,compromise in the theoretical circle.The author thinks that bribery is status crime,but non-state staff can be involved in bribery in some part,implement some behavior and constitutes bribery crimes with the national staff.In addition,the scope of the particular party is expounded and the meanings of the close relatives,mistress(husband)and other stakeholders together three in the relevant laws and regulations in the bribery are cleared.