A Study On The Characterterization Of The Continuous Accepting Bribes Before And After Retirement

This article selects the two problems of bribery crime cases,one is a continuity to do one thing before and after the retirement of bribery crime,one is the continuity of do the same thing before and after the retirement of bribery crime.To state personnel continuity do one thing before and after retirement's bribery qualitative,contention,there are two:one is for the benefit of others things again after receive the money whether bribery crime,a kind of view is a series of behavior have continuity,so still belongs to the bribery crime,another view is that person lacking use of functions and powers,also did not use the original authority influence,is no longer a crime.The author advocates whether it is necessary to see whether a series of behaviors before and after the crime is a whole behavior and whether there is a causal relationship between them.Another point of contention is whether to commit a crime or two.Condemned by two point of view,and appears to be on the basis of theory of crime constitution to conviction,but it is not right for crime constitution,do not have the right to apply and the reason is that not sure the accurate crime by single method.In this paper,the theoretical structure of the two crimes is demolished and the theoretical system of the crime is established.Overthrow the book two crimes is the key to discuss behavior,set up to set the crime is the key to imagine competing cognizance,and decided that make the key is to imagine imagine phenomenon in making the "behavior".The difficulty lies in the identification of "simultaneous offense".Before and after retirement,the court decided to commit bribery crime and bribery crime.Behavior is consistent before and after retirement,however,and we are doing the same thing,so the behavior of the before and after retirement with homogeneity,book two to fit for the principle of violation of sexual sin is greater than the conformity,the author argues that it is not reasonable,finally put forward some legislative Suggestions:Do one thing before retirement,and it is to the crime constitution of bribery,after retirement,and did the same another thing,and conforms to the crime constitution,using influence bribery and behavior before and after retirement continuity,for a summary of criminal intent.In this case,it was proposed to be a crime of taking bribes.