A Study On The Cognizance Of The Nature Of The Behavior Of State Staff Receiving Other Persons' Property After Retirement

Since the 18 th National Congress of the Communist Party of China,it has become more and more common for state functionaries to be examined by Party discipline and investigated by law after they retire due to serious violations of discipline and laws.The identification of the nature of state functionaries' accepting other people's property after retirement has once again become a research topic in judicial practice.Is this behavior recognized as ordinary bribery or bribery using influence? Theoretical and practical circles have different views and understandings.Retired " old comrades" have become " new subjects" in the new era,and it is indeed necessary to study them.The preface of this article explains the reasons for writing and the purpose of the study,as well as the three innovations of the article,that is,to define the time node of accepting bribes after the proper performance of the post.It is proposed that "afterwards" should be retired but not yet retired.If you have retired,then the two parties have "prior agreement" before they can be considered as bribery.If there is no "prior agreement",it does not constitute bribery;For the calculation of the amount of continuous acceptance of other people's property as bribery before and after retirement,the two elements of "tightness" and "identity" should be adhered to.Otherwise,the acceptance part after retirement should not be included in the amount of bribery;In the relationship between the number of crimes,the crime of accepting bribes and the crime of using influence to accept bribes is not a simple exclusion relationship.It is usually an optional application,but in some cases it can also be punished.The first part of the text clarifies the increasingly common phenomenon of the cases of state functionaries after retirement,and at the same time,it analyses three difficult problems in the judicial practice in dealing with such cases,one is the responsibility of the subject identity,the other is the difficulty of causal relationship verification,and the third is the difficulty of identifying the nature of the act.This paper mainly discusses the nature of this act,respectively from the legislative level,judicial level,conceptual level to analyze the reasons for the difficult nature of the state functionaries' behavior of accepting other people's property after retirement.The second part of the text systematically combs the relevant provisions of criminal law,judicial interpretation and relevant normative documents concerning the identification and treatment of duty crimes involving the acceptance of other people's property by state functionaries after retirement.It focuses on the detailed interpretation of the elements of "prior agreement" throughout the judicial interpretation,and then clearly points out that we should continue to adhere to "prior agreement".Restricted elements to avoid objective imputation.The third part of the text summarizes the phenomenon of the case of retired officials,arranges four common and specific situations in which state workers receive other people's property after retirement,supplemented by relevant cases,and analyzes the nature of each case.This paper mainly discusses the relationship between the crime of accepting bribes by using influence and the crime of accepting bribes,and points out that the amount of continuous receipt of other people's property before and after retirement should be determined.The amount of bribery should be reasonably defined from the two elements of "tightness" and "identity".It also discusses the determination of the nature of this type of behavior in the case of joint crimes,and emphasizes that by examining whether the perpetrator has committed another crime or other matters,it is judged whether the post-retirement financial behavior is the same as the financial behavior at the time of employment.Whether it is a crime or a number of crimes by examining the contents of conspiracy between the perpetrators,the mode of accumulation of money,and the time node of the distribution of money and property.The fourth part of the text put forward the suggestions to improve the nature of this kind of behavior.The countermeasures are put forward from the legislative level,judicial level,and conceptual level: First,we formulate special judicial interpretations,sum up judicial experience,raise the consensus of substantive departments into normative documents,and unify the nature of judicial practice.The second is to improve the guiding case,through the issuance of guiding cases,reference cases,typical cases and other forms,multi-level,multi-angle rich case library;The third is to broaden the scope of research and change the past one-sided attention to the supervision and punishment of the issue of financial compensation for serving cadres,while ignoring the issue of financial compensation for retirees,we should strengthen the study of financial compensation for retired cadres and other retired cadres.The last part of the article summarizes the full text.The full text is based on the application of the law,starting from the difficult cases in reality,on the basis of comprehensive sorting out,systematic sorting out,effective analysis and in-depth interpretation of laws,judicial interpretations and relevant normative documents concerning retired state functionaries,combining with the latest judicial interpretation spirit of handling corruption and bribery crimes and the current fight against corruption,adhering to the principle of consistent recognition of subject and object from the perspective of judicial practice,analyzing several common situations of state functionaries accepting other people's property after retirement one by one,and putting forward treatment ideas for reference by practical departments.At the same time,in view of the differences and difficulties existing in the practical operation of the problem,the corresponding countermeasures and suggestions are put forward for the reference of the legislature and the theoretical research department.