The Study Of Taking Accepting Gift Into Crime

China is a country with a focus on human exchanges of gifts,originally is an important carrier of all good wishes, with the weakening of the economic development in China and the concept of local, part of the gift exchanges began to alienation in human dealings under the guise. A part of the national public officials began to use the excuse of human exchanges gifts society many people in the Chinese Lunar New Year holidays or birthdays, weddings and other special events, by giving gifts and other means to public servants, emotional investment, etc. to achieve the purpose of money when the time is ripe.The integrity of accepting gifts behavior is not only harmful to public servants of the state, and the loss of public officials on the impartial performance of their duties and the government's public trust, now also put forward on accepting gifts behavior questioned, think should fight against accepting gifts behavior,many scholars have proposed should be accepting gifts behavior into the scope of criminal law.China also has a number of standard public servants self-discipline disciplinary rules and regulations, especially in the third Plenary Session of the 18th CPC Central Committee proposed zero tolerance for corruption, corruption will be referred to a hitherto unknown height, all the provisions of the eight Central and local inspections and fight corruption activities will also be pushed to a new climax, "tiger" "flies" are playing a large number, in the anti high pressure situation there are still a lot of people have luck, repeated acts of accepting gifts. Therefore only rely on the party and government's anti-corruption policy means is still insufficient, should be accepting gifts behavior into the scope of legal regulation, by means of anti-corruption law.Due to the complex elements of bribery crime in our country, not only related with the power, but also for the benefit of others behavior, so a lot of accepting other people's property behavior can not be identified as the crime of bribery, accepting gifts behavior is long-term emotional investment behavior,corresponding relationship is not "hand service". More difficult to determine the price relationship between power and interests,constitute elements only with bribery accepting gifts behavior can be incorporated into the criminal law. In the judicial practice of accepting gifts behavior results are not a part of the case, in accepting the gifts are not considered to be a part of and identified as bribery,The result of the referee is not easy to trigger a new problem.In order to solve the problem of emotional investment in the judicial practice,clear the nature of emotional investment behavior, "the crime of corruption and bribery judicial interpretation" thirteenth paragraph second of the part of national public officials accepting gifts bribery behavior into the scope of regulation, this regulation is of great significance to China's fight against bribery crime,but because there are many loopholes and it can play the role is very limited, only adding the crime of accepting gifts in order to fundamentally solve the problem of national public officials accepting gifts.Relevant provisions on bribery crime in other countries and regions,will find that their legal system is relatively perfect, is a ladder type,multi-level and refinement of the anti-corruption legal system perfect,which is a very important aspect is that they are basically no number limit, as long as there is related with the power received behavior that is to set up the crime of bribery, corruption is very small also included in the crime of bribery, but the penalty is not particularly harsh.In contrast, China's anti-corruption legal system, not only a single charge,basically is to rely on bribery charges, and the elements of the crime of bribery are complicated, both the amount of standard, but also with the relevant duties, also need to profit behavior and intention, even can determine the behavior of people receiving behavior,due to lack of evidence of other elements also, it is difficult to incriminate,in a variety of legal loopholes, even in the severe punishment under threat, there are still a lot of people have escaped punishment. Lucky heart,so many scholars criticized the relevant provisions of bribery crime in our criminal law is a typical severe but not strict. The purpose of criminal law is not only to punish the crime, another important purpose is to prevent crime, because the law is not the best of the penalty is cruel, more effective in combating crime, but people can not and do not want to crime. Now the face of the serious situation of anti-corruption, more and more scholars who believe that should be public officials accepting gifts that included in the scope of criminal law,and set up a separate charges of bribery at present to solve the invisible gifts in the name,which is consistent with the international trend,but also need to improve the criminal law system of our country.By adding the crime of accepting gifts, to form a strict but not severe criminal law,not only will the light part of the bribery crime is separated from the crime of accepting bribes,bribery legal system to form a multi-level,ladder type, can also be strict criminal law, be more precise, more combat the crime of bribery precisely,this is consistent with our criminal policy of combining punishment with leniency.