| The crime of accepting bribes has always been China’s focus as a criminal law.Its essential attributes can be identified as "power and money transactions" according to the law of infringement,and according to China’s current criminal law,"use of position convenience","acceptance of other people’s property" and "to seek benefits for others" is the acceptance of accepted bribery crimes.The elements of essential elements must be understood.Therefore,the essential attributes of the crime of accepting bribes should be understood from the elements of identification.Although legislation and related judicial interpretations have provided relevant provisions for various elements,there are still many different opinions on the various elements in the theoretical and practical circles,and many viewpoints have been formed successively.Some people point out that the “for others’ interests” should be deleted,and some opinions should further expand the interpretation of certain constituent elements.This can avoid the phenomenon that some new types of bribery in the judicial practice cannot be incriminated.It is precisely because of all the above-mentioned theoretical and practical controversies and problems that the study of the essential attributes of the crime of bribery is conducive to solving the related theoretic controversy about the crime of accepting bribes in China’s criminal jurisprudence and the relationship between the elements of bribery crime identification.Clear combing.The damage of bribery crime to legal interests can reflect the essential attribute of its "power and money transaction".At the same time,the essence of bribery crime is particularly evident in its objective constituent elements.Therefore,how to understand the essence of bribery crime constitutes the essential attribute of grasping bribery crime.And the determination of accepting bribes is crucial.In practice,it is often difficult to identify bribery crimes.The essence of this is that the constitutive elements of bribery crimes are found to be improper,resulting in lack of constitutional elements,which in turn leads to differences in the determination of crimes and non-crimes,and it is difficult to convict and punish.Therefore,to solve the difficult problem in the determination of bribery crimes,we need to deeply understand the essential attributes of the “power and money transaction” of bribery crimes,and analyze the relevant essential elements of bribery crimes based on the current China’s current criminal law and relevant judicial interpretations.In the thesis structure,the text includes the following parts: The first chapter will analyze the essence of the crime of accepting bribery,and demonstrate three essential elements of the essential attribute of bribery crime;the second chapter will center on "use of the convenience of the position".We will discuss issues such as the manifestation,the “use of conveniences in office” and the impact of the sentencing of bribery crimes,and their relationship with “use of the authority and status of the person”.The third chapter will study the related disputes of“accepting other people’s property ”,mainly including the form of receiving the property,the content and scope of the property,etc.;Chapter IV will focus on “finding interests for others” in the judicial determination of accepting bribery.We must discuss the difficult issues,discuss the theoretical disputes over the nature of the elements,the dispute over the need to retain and dispose of the elements,and the issues regarding the identification of “for others”;finally,draw conclusions based on the above-mentioned contents.There are many problems in the repeal theory,and it cannot be solved simply by resorting to the deletion of constitutional elements.On the contrary,the three constituent elements of the crime of bribery are the embodiment of the nature of its power and money transaction,and the determination of the crime of accepting bribes should closely revolve around its essence and identify the behavior of the actor in strict accordance with the constitutive requirements of the existing legal provisions.The principle of a legally prescribed punishment for a specified crime and the criminal policy of “severely cracking down on bribery crimes” must not blindly expand the nature of the crime against bribery. |
