Determination And Sentencing Of The Crime Of Accepting Bribes By Non State Personnel

There is great controversy in the judicial practice of the crime of accepting bribes by non state personnel,which is of great significance in the study.In order to accurately grasp the crime,this article takes the case of strong and certain non state staff taking bribes as an example,carefully sort out the four controversial focus of the case,and discuss the focus of the controversy.The full text is divided into the following levels:The first part,the introduction of the case.Brief description of the case of strong and certain non state staff bribery case.The second part,the focus of the case dispute.The focus of controversy in this case mainly includes four: first,the strong and certain whether it belongs to non national staff,how to distinguish between national and non national staff.Second,strong and certain whether the use of his position to seek benefits for others,how to understand the use of the position of the".Third,whether the bribery crime so strong.Fourth,the defendant is strong and so whether it belongs to surrender.The third part is the focus of this article,that is,the analysis of the case.First of all,the cognizance of the subject of the crime,which is mainly to distinguish between staff personnel and state;and then identified from the subjective aspect of the crime,whether it belongs to the strong Mou mou took advantage of his position to seek benefits for others,found that the main focus of understanding "used his position";second is whether constitutes the crime of bribery so strong non national staff;finally accomplished standards relating to bribery and compliance with the plot,and the individual case analysis.The fourth part,the suggestion.In this paper,the author puts forward some problems in judicial practice and puts forward some legislative proposals.This part of the author access to relevant information,in view of the problems in the case put forward the relevant counterme.