Taking Bribes Problems Research

Bribery crime is the position of the current high incidence and high-profile crime type,as to the understanding of the related law and judicial interpretation to understand as well as the economic and social reform and development,and so on and so forth,investigation of such cases in the judicial practice has many problems and difficulties to be resolved,many issues need to be further clear and unified.In this paper,in combination with judicial practice,through to the related judicial interpretation and analysis of actual cases,strive for related working practice provide valuable reference to the solution of the problem.Using for part-time,bribery main body position to the "post" should be strict with bribery crime main body important document fit;For the "secretary of the village" the special identity,this paper argues that in addition to the conditions specified in relevant legislative interpretation,in the case of assigned by the superior party committee appointed,also can be state functionary theories.In non-state staff as bribery,"agent" and national staff common bribery case,based on the non-national staff can become theoretical perspectives of bribery crime,and thus solve agent "excess" and other relevant problems in practice.For bribery,bribery,after return,pay and return later again after taking and accepting involving bribery,subjective intent,this paper argues that in addition to the timely return within one month after receiving such a situation,turned over to the outside,the rest of the similar situation shall be identified with bribery,deliberately.For bribery object(law),the paper take professor Zhang Mingjie state personnel duty behavior do not buy,do not exchange of views;At the same time think "seek interests for others" belongs to the objective elements of bribery crime;Based on the requirement of judicial practice operability,in this paper,a comparison with definition of bribe behavior is still adopt the traditional "made";For entrusting,partnership investment new bribery and for a special circumstances,such as social,emotional investment in this article,from the law profit violation and the essence of bribery crime "trade power",through the study of the interpretation of relevant judicial explanation,to seek the best solution.For bribery,bribery crime objects,"property",combining with the relevant judicial interpretations,take "other interests" point of view,which can be valuation deals available and all rights of the bribery object;For the trading opportunities such as contracting expect sex interests,this article does not claim to be classified as bribery object category,for the performance shares,contraband,and other general tend to be recognized point of view;For the revision of criminal law and judicial interpretation under the background of new plot aggravate the special terms and conditions of the problem,this paper take regardless of the amount,proportion and complete the form,and so on and so forth.