Research On Several Issues Of Accepting Bribes

Under the Perspective of Chinese dream,to build a clean government an issue of common concern to society as a whole,and taking bribes is a major form of corruption,but also a typical job-related crimes.China's current Criminal Law Article 385,paragraph define bribery,bribery Crime of the current defined as "property" and"for the benefit of others" is one of the constitutive elements of the crime of accepting bribe.But as time progresses,more new bribes continue to emerge,the provisions of Article 385 of the Penal Code for taking bribes Elements has been difficult to adapt to the current development of the times,many of the concepts and elements of the theorists and practitioners have raised large dispute.The author in collecting and studying the relevant literature,and combined with the author worked at Procuratorate duty crime investigation experience,in this study,the concept of taking bribes,components,bribery and indirect bribery in the range of a third person and then sort out the range and rebuild.This study integrated comparison and empirical analysis,this paper intends to use the comprehensive comparison and empirical analysis method and foreign criminal law norms in crime of bribery criminal target that is the nature and scope of bribery,crime Elements,common bribery and other systems analysis,and the Perfection of criminal legislation of bribery of exploratory research.Based on the analysis and comparison of Chinese and Foreign Bribery legislated upon,find flaws and shortcomings of the current bribery legislation.Meanwhile this paper based on the analysis of the research,Propose suggestions on Bribery Criminal Legislation Programmer.Final study pointed out:the nature of the crime of bribery is all that can be seen as both a bribe giving or receipt of benefits exchange for a fee,to further expand the scope of its property interests outside actors will be able to meet the material needs,spiritual needs of all benefits included among them,including non-material spiritual interests,as well as indirect property interests of substance,such as providing work.At the same time broaden the paper argues that "special relationship" category will be removed "for the benefit of others" from taking bribes Elements and no longer as considerations conviction instead be included accepting bribes sentencing considerations to be standardized elements,with They were severely punished or build a new sentencing system.In short,the author will define bribery again from the concept and scope,comb"specific participant" category as well as optimization of bribery crime constitutive requirements,etc.,to reinterpret the concept of taking bribes,and perfect China's criminal legislation of bribery.