The Criminal Regulations Of Accepting Monetary Gift

The rationale of criminal regulations of accepting monetary gift and the way to regulate are the long-standing problems of criminal legislation and judicial practice of taking bribes.Facing with the bad influences of accepting monetary gift in our society today,it is necessary to bring such behaviors into the criminal law and regulate by adding a new crime,which are not only the inevitable result of the social responsibility of accepting monetary gift,but also the reasonable selection of the constituent elements of the crime of bribery,in order to achieve comprehensive prevention of precaution and punishment of bribery,under the overall spirit of the criminal policy of temper justice with mercy and tolerant rule of criminal law.Specifically,there are three reasons for regulating the behavior of accepting monetary gift in criminal law,which are the social harm,the deterrence requirements of criminal law and the driven by criminal policy.Because of the nature of monetary gift,non-bribery exchange tool,the state staff accept monetary gift contain an urgent risk,power-for-money deal.The monetary gift has the exchange function which is in order to meet the need of developing of relationships and maintaining emotional ties in our human society.Due to the lack of specific matters,the behavior of accepting monetary gift by the state staff do not contain the duty relevance and can not be regarded as a bribe in the criminal law.With the beginning,development and the alienation of the gift relationship,monetary gift gradually increase the conflict of interest and debt pressure on the State personnel,and eventually infringe the honesty of public servants,which is should be regulate by criminal law.So It is necessary to adopt a more effective and reasonable way to regulate the behavior of accepting monetary gift under the circumstances that the current criminal law lack clear guidelines and administrative regulation has been limited by scope and strength.In this regard,there are two different countermeasure in criminal theory and practice.The path of amending is committed to interpret and even delete the elements with the goal of enlarging the conviction of bribery.But this theory misunderstands the nature of trading power for benefits of bribery and monetary gift,which is inappropriate in legal interpretation.By contrast,it would be a proper way that setting up a new crime,"Simply accepting property-benefits" which is differentiated from bribery,in the Chapter VIII of Criminal Law that stipulates any State personnel who take advantage of his status to accept property-benefits should be punished.This theory exactly recognized the difference in the typology of crime and the extent of violating legal interests between bribery and accepting monetary gift.Instead of the confusion of law application and the waste of legislation resource,this method provide a clearer guideline and would be more practicable because of the reference of related legislative practice.So,establishing a generic charges system which contains the crime of simply accepting property-benefits,common bribery and aggravated bribery,is the rational choice to comprehensive regulate bribery.