National Staff Members Are Subject To The Characterization Of Gift Money

The behavior of State personnel accepting cash as giving, as a widespread corruption, has its specific implication and characteristics. It has done serious harm to the social justice and a uniform agreement on this regard has been reached among social public. However, no matter in the field of criminal law theories or judicial practice, there has been a hot debate on how to regulate these behaviors of State personnel accepting cash as giving. On the basis of practical cases in judicial practice, this article summarizes the implication and characteristics of State personnel accepting cash as giving, analyzes the pros and cons of the existing main regulatory rules, and comes to a conclusion that if with suitable application and interpretation of bribery crime, it will be more reasonable and efficient to regulate these behaviors. It also puts forward relevant suggestions on penalty scale. Consequently, the author hopes it could be available for reference to our country's anti-corruption and criminal trial work.