On The Judicial Determination Of Bribery Crime

The crime of acceptance of bribes is one of the earlier crimes in history.Although Chinese and foreign criminal law scholars have conducted many years of in-depth analysis and research,there are still theoretical differences in the judicial recognition of bribery.After drawing relevant information and judicial practice,the author makes a multidimensional discussion on the question of the determination of the bribery and the legal punishment in the case of the constitution of bribery,the number of special cases,and the legal punishment.While the article analyzes the juridical practice of bribery,it also analyzes the judicial determination.This article,totally 30,000 words,in addition to preamble and thanks,is divided into four parts.The first chapter is about to grasp the constituent elements of the crime of acceptance of bribes.We analyze including object,objective aspects,subject and subjective aspects analyzes bribery.According to theoretical analysis and judicial practice,we finally draw conclusions following insights in the object of bribery.The object is the honesty of the public service personal;the analysis of the objective aspects,involving "the use of corporate information or property and”gerrymander for others";subject of the state should also have the identity and legally engaged,that is,the theory of official business and the theory of identity,the unity of bribery in the subjective aspect,can only be directly intentional.The second chapter is about the article analyzes the amount of bribery in several special cases,and concludes the following opinions considering the judicial practice.The amount of fake commodities should be considered according to the reunification of "subjective aspects and objective aspects " objects principle.Without changing the ownership of the amount of bribery,should be subject to the goods at the time of the local market.Low-cost purchase of new commercialhousing that the new real estate sales side of the new commercial housing market price as the "lowest price".The amount of second-hand housing purchase can be identified in accordance with the "transaction";combined with the case to accept the performance shares and get the amount of dividends to determine the amount of bribery,if the registration of shares has been transferred,the amount of bribery counts with the transfer of shares;if not actually transferred,the actual amount of profits shall be recognized as the amount of bribes.The third chapter is about the complicity of bribery.The crime of taking bribes,the bribery of family members,the bribery crime of bribery and the crime of accepting bribery.The fourth chapter is about the legislation of the bribery.By summing up the contents of the Criminal Law Amendment(9)on corruption and bribery,such as the establishment of the "amount +circumstances" of the conviction and sentencing standards,additional fines and leniency measures.However,the legal punishment of bribery is completely dependent on the corruption.We are to put forward proposals of the legal punishment,including the foundation of putting up fine penalty and standards system focused on the circumstances of bribery.