Determination Of The Principal Offender In The Crime Of Joint Bribery

Joint bribery crimes are a more complicated crime form in bribery crimes,which not only involves the relevant knowledge of accomplices,but also has great theoretical controversy on the bribery crimes.As the state pays great attention to anti-corruption work,the public has also heatedly debated the bribery crimes,especially the cases of joint bribery crimes.Because such cases have caused serious social impacts,the public will pay special attention to the identification and sentencing of the accomplices.Therefore,the research on the principal and the accessory in the joint bribery crime is of great significance to both theory and practice.In view of these factors,this paper selects three questions for the more complicated situations of joint bribery crimes,and hopes to make some useful explorations for judicial practice.The first part of this article will explore the special types of bribery accomplices,i.e.unidentified person,involved in the joint bribery.The crime of accepting bribes as an identity crime is usually carried out by the national staff members.In the joint bribery crimes,there is no controversy in the theory and practice of whether an unidentified person can constitute a crime of bribery bribes.However,there is a big controversy about whether an unidentified person can become a crime of accepting bribes,and there are two mainly doctrines: the negative and affirmative doctrines.Therefore,this article focuses on the disputes that whether the unidentified person can be treated as a crime of committing crimes when he/she participates in the joint bribery.We propose that the unidentified person can also constitute a perpetrator in the joint bribery.The unidentified person can not only commits a crime of accepting bribes by the identity person,but also joint crime of committing crimes do not need to carry out all objective acts.Subsequently,the paper begins to discuss the qualitative issues of unidentified people participating in joint bribery.Based on the identity function,combined with the crime and accomplice theory,this article points out that when the unidentified person colludes with the identity person to commit crimes together,the identity is no longer the main element of the accomplice,and the unidentified person can have the subject qualification of identity crime.Finally,this paper specifically identifies the identification of the principal and the offender who have no identity in the common bribery crime from two aspects.The second part of the thesis begins with the fact that the main accomplice is easy to fall into the premise of "the creator is the leader".Based on the above-mentioned theoretical analysis of the principal and the accomplice,this paper further elaborates the questioning of the "successful person as the leader",and identifies the status of the creator in the joint crime by using the objective and then subjective method.Finally,the analysis of specific cases demonstrates that whether the intention is making or not is limited to the establishment of the main accomplice.In other words,it is possible to establish a principal offender without a creative execution,and an accomplice may be established by a creative person.In practice,it is too one-sided to consider the creators and the planners as principal.Further,even if it participates in the planning of crimes and participates in the direct execution of crimes,it has a relatively small effect on the realization of the whole crime,and it is entirely possible to establish an accomplice.The third part of this article takes the crime of accepting bribes as the amount of crime.The crime of accepting bribes is not only the identity crime but also the amount of crime.In practice,the amount of bribery is the main sentencing standard in the conviction and punishment of criminals.According to the provisions of Article 383 of the Criminal Law of China,the amount of bribes directly affects the statutory penalty.However,there are many arguments in determining the amount of bribes received by each perpetrator in joint bribery crimes.This paper believes that the determination of the amount of joint bribery should be based on the total amount of joint crime as the basis for determining the scope of sentencing,and the amount of personal distribution can be used as a reference for determining the role and status of the various actors in the common bribery crime.Subsequently,this paper evaluates the role of the amount of bribes from the normative attributes and legal value of the amount of bribes.Although the amount of bribery has the advantage of more intuitive quantification,we cannot ignore that the nature of the crime of accepting bribes can not only be quantified by the amount,but should pay attention to the role of the plot,so as to consider it comprehensively.Finally,this paper analyzes the specific patterns of the impact of the amount of bribes in practice on the crime of accepting bribes.