On The Judicial Determination Of The Crime Of Accepting Bribes

Bribery crimes are one of the crimes that need to be severely punished worldwide,and usually refer to a type of economic crime committed by state employees using their position.In order to ensure that party members and leading cadres are incorruptible and in charge of the prevention and suppression of corruption,the development of the socialist market economy can have a good environment.Combating bribery crimes is a long-term policy and policy for the party and the country.At the same time as the society continues to improve,the crime of accepting bribes based on the transaction of money rights has new problems and new situations that are different from the past.The forms of crime are more complicated and the means of crime are more and more concealed.In order to adapt to the new changes in the social economy and effectively combat various bribery cases arising under the new situation,the Supreme People's Procuratorate and the Supreme People's Court put on the "Advice on Some Problem About the Adhibition of Laws in Criminal Cases of Accepting Bribery" corporate in July 2007(below)Referred to as "Advice",in Article 2 of the "Opinions",relevant provisions have been made on the crime of accepting bribes.The two high-priority joint launch of the "Opinions" to severely punish ten new types of bribery crimes,the joint introduction of the "Opinions" a new judicial interpretation to deal with the new type of bribery crime,showing that China's relevant criminal justice interpretation technology system is constantly improving,reflecting ability is constantly improve.However,with the acceleration of China's current social transition period,there are still some problems in how to determine the crime of accepting bribes in the legal practice.Therefore,in the framework of the traditional theory of accepting bribes,this article combines the relevant provisions of the "Opinions" issued by the two high-level opinions,and talks about the author's glimpse of the crime ofaccepting bribes in the form of dry-collection,hoping to meet such bribery crimes in practice.The difficult problems have helped to make reference to the improvement of relevant legislation and judicial interpretation.This paper is divided into the following parts for the study of the crime of accepting bribes.The first chapter describes the background,purpose and significance of the topic selection,as well as the research status at home and abroad.The second chapter expounds the meaning,characteristics and legislative evolution of the bribery.From the perspective of criminal law,the definition of the stocks is defined.According to the relevant content,the characteristics of the stocks are clearly summarized,and the constituent elements of the crime of accepting bribes are analyzed.The third chapter analyzes the type of performance of the bribery crime and the specific judicial determination.This part will discuss the types of three types of bribery crimes,and discuss and explain the important concepts.Other types of crimes that are confusing are discriminated.The fourth chapter is a comprehensive analysis of the problems of some bribery crimes,such as the crime of accepting bribes and non-crime,the determination of the accomplice and the attempt,and the determination of the amount of bribery of the stocks.At the same time,according to different situations,the specific explanation and The author's own point of view.The fifth chapter puts forward the author's own suggestions on how to improve the dry-type bribery.In general,this article starts with the basic concepts and characteristics,first defines the basic issues of the dry-share and dry-type bribery crimes,and then relies on the law to deeply explore the existing laws that are difficult to give solutions.The issue of accepting bribes for dry stocks.The essence of the dry-type bribery should firmly grasp thecharacteristics of the "money-right transaction",based on the premise of capital,and the stock as the foothold.