Accepting Gifts Bribery Problem Research

Accepting and giving gifts is an essential part of our social life.With the social development and China's "high-handed measures to anti-corruption" policy,bribery now is more subtle and tricky.From the current investigations of cases,Accepting gifts bribery has become a common practice for corrupt officials to collect money,causing public condemnation and dissatisfaction,which has seriously affected the normal social order of justice.Because there are loopholes in this legislation in China at this stage,party discipline penalties and administrative sanctions are only imposed on most acts of accepting gifts,handled by the Discipline Inspection department,which is however impossible to create a strong deterrent effect.How to define an act of Accepting gifts bribery targeting an effective fight against corruption while retaining normal human relations has become a thorny issue in current judicial practice.Concerning this,academic and practical circles have launched fierce debates and discussions.At present,most people consent that the crime of accepting gifts should be included in the scope of criminal adjustment.However the path to take is still under an endless arguing.Considering the difficulties happen in judicial practice,this paper aims at proposing a solution to this problem with discussion of the act of “accepting gifts” from judicial practice,legal theory,and legislation three different aspects.First of all,making the analysis of Yuan's original bribery case,the meaning,the characteristics,and the status of “Accepting gifts”bribery crime are introduced.Secondly,it analyzes the nature of accepting gifts bribery under the criminal law,and points out the deficiencies in China's criminal law and judicial interpretation regulations.It also introduces the theoretical disputes in China's theoretical community about the nature of accepting gifts bribery and the advanced experience of legislation in ancient China and abroad.Thirdly,the author's point of view to the accepting gifts bribery is put forward from aspect of the criminal law system.The “Accepting gifts”bribery infringes on the benefits of bribery.The Crime itself and its main features are the same as those of bribery,essentially being the forms of alienation of bribery which should be treated as bribery.It is necessary to cancel "to seek benefits for others" as the constituent elements of bribery so as to impose a severe punishment in accordance with principles of penalty measurement under criminal law.In this way,it contributesto protecting the integrity of official duties from being infringed,tightening the network of legal system regarding bribery in China and fulfilling the need of the severe and complex anticorruption situation.