On Legislative Perfection Of The Accepting Bribe Crime

The implementation of the reform and opening-up and market economy system has brought the rich material life for us,also let the human desire is much inflatable,more and more complex social relations,the interests of the chain mixed as nets among people will make state functionaries in scores at the same time,which makes the duty crime occurs frequently.Country attaches great importance to the punishment of corruption,taking bribery as an example,Criminal Law is regulated on special terms,and relevant authorities also issued a series of legal documents,providing an important basis for the practical activities of judicial organs.However,we have to admit that there are many problems in the legislation of accepting bribe crime,which leads to the failure of the country to reduce crime.Firstly,from the perspective of the setting of subject on the accepting bribe crime,the Criminal Law article 385 provides the "national staff",this recognition standard leads to a lot of non-special status of the person in job activities with power for money deal can not apply this crime.Therefore,the national civil servants should be used to define the subject of this crime,this title emphasizes the nature of the behavior,as long as the subjects engaged in public duties may constitute bribery crime.Secondly,the Criminal Law limits the object of the crime to property,and although it is extended to the assessable property interest in the relevant judicial interpretation later,it can not meet the practical needs.We may consider including all the benefits into the scope of the object.On the one hand,the nature of bribery is the exchange of duty behaviors and interests,and what kind of benefits the national staff members get do not affect the nature of their behavior,as long as they accept a certain interest and take advantage of the power convenience,it has destroyed that duty behaviors can not be bought.On the other hand,there are many cases with non-material bribery in reality,such as a certain honor,some employment opportunities and even sexual services,which are beyond the scope of the property as well.Only by expanding the object to all interests can we fight crime with better results.Thirdly,the use of the power convenience and for others’ benefits in the objective aspect of accepting bribe crime are the two controversial elements.Our law is not very clear about the provisions of the former,such as whether the passive behaviors in power convenience of the authority can be included;We also have no clear criterion on whether the person’ proper performance can be considered the use of power convenience in accepting interests for no prior appointment,etc.At the same time,we think that it is necessary to eliminate the requirement of "seeking benefits for others" in this crime,and whether the national staff help others get profit has no effect on the fact that the behavior constitutes bribery,its existence hinders the country to achieve goal of fighting against duty crime.Finally,there is an irrationality in the penalty setting for accepting bribe crime.For example,its statutory penalty is attached to the provisions of the corruption crime,part of the serious situation can be applied to the death penalty and restrictions on the implementation of the penalty.From a reasonable point of view,its statutory penalty should be arranged specially under the terms of the accepting bribe crime,the death sentence and restrictions on the execution of penalty should be abolished.