Research On Afterwards Intention Of Bribery

As bribery crime is more and more complex,the cognizance of taking brides in the judicial practice is more difficult.Because of this question,our country introduces a lot of judicial interpretation on corruption and bribery.In 2006,the Supreme People's Court and the Supreme Peoples Procuratorate put a new judicial interpretation together which is about how corruption and bribery cases can apply the law.In this article,the auther based on law,using the method of case study,analogical reasoning and conparative analysis to analyze the content and property of the law,afterwards intention of bribery and joint crimes.This rule on criminal intention of the type has a great impact on traditional theory of it.Lawyers often discuss the law article because it doesn't stipulate the charges of state funtionary and specific related person.In Paragraph 2 of Article 16 of the interpretation stipulates criminal intent of Bribery after accepting bribesThis paper is divided into three parts,and has put more than 32000 words.Its main contents are as follows:The first part: the origin of afterwards intention of briberyIn this part of paper,auter introduces several typical cases of afterwards intention of bribery in judicial practice,analyzes these cases and finds some questions of them.Then,this part analyzes the content of the law,including specific related person and the behaviour of returning and taking over property,and finds some questions of the law.Those questions include that the special stipulation of intention of bribery has a big difference with traditional intention of bribery,this law doesnot stipulate specific charge and so on.The second part: concept and feature of afterwards intention of briberyThis part of the paper discusses afterwards intention of bribery in three aspects.Firstly,afterwards intention of bribery belongs to negative crime.The state functionary has an obligation to restrain particular affiliate handing in the property he gets from the briber.If he doesnot implement the obligation,he will set up the afterwards intention of bribery.Secondly,this part contrasts afterwards intention of bribery with traditional bribery and analyzes the particularity of afterwards intention of bribery on subject,subject aspect and objective aspect.Lastly,the writer analyzes the consummated standard of afterwards intention of bribery.The third part:the joint offense in afterwards intention of briberyThis part of the paper mianly analyzes what crime the state functionary and the particular affiliate are formed and whether they form jiont offense.The writer thinks that if the state functionary knows all the things after all the bribery was done,the state functionary and the particular affiliate are not joint crime.However,if the state functionary knows all the things before all the bribery was done,the state functionary and the particular affiliate will be joint bribery crime.