An Empirical Study On The Acquittals Of Accepting Bribes

This paper takes 33 acquittals of accepting bribes as the research object.Based on the empirical analysis of relevant judgments,it finds the characteristics of the acquittal of accepting bribes.In the basis of the acquittal judgment,the proportion of legal acquittal is high.Innocence and suspicion indicate that the constituent elements of the crime of accepting bribes are more complicated than other crimes.Therefore,this article takes the establishment of the bribery crime as the fulcrum,and analyzes the reasons for the acquittal of accepting bribes from the perspective of the three sides of the trial and the trial,that is,the main reasons for the application of the bribery crimes and the understanding of the evidence are the most important reasons.The relentless pursuit of the defendant(the defense)on the acquittal is the biggest motivation for the judgment.Summarizing the previous analysis of the acquittal judgment sample and the low acquittal judgment rate,and then proposing to treat the acquittal of accepting bribes correctly,the key is not to improve the acquittal rate of accepting bribes but to improve the accuracy of the judgment.The specific measures include not only correctly considering the acquittal of accepting bribes,but also correctly understanding and applying the criminal constitution of accepting bribes under the new situation,and pointing out the corresponding reasons andcircumstances for applying acquittal.The content of this article is about 30,000 words.The main text of the article consists of four parts.The first part is an overview of our country's acquittal.It mainly includes the definition of the concept of acquittal,which leads to the definition of the acquittal of accepting bribes.On this basis,it introduces the overall characteristics of China's acquittal judgment in recent years,summarizes the reasons for the formation of China's acquittal and acquittal judgments,and points out that the sinless analysis of individual crimes is lacking,which leads to the absence of bribery.An empirical analysis of the sin judgment.The second part is an empirical analysis of the acquittal of accepting bribes.Firstly,the source and specific criteria of the sample selection in this paper are introduced,and 33 complete acquittal judgment documents for accepting bribes are selected.Then,by carefully reading the case process,the focus of the defense,that is,the reasons for the court's ruling,analyze,summarize,and summarize the basic situation of the acquittal of accepting bribes in China.,the identity of the defendant,the time and judgment of the judgment,and the basic situation of the trial and the trial.The type of acquittal and the basis for its conviction.The third part analyzes the influencing factors of the acquittal from the perspective of the crime of accepting bribes,and analyzes the impact of the three parties' understanding of the crime and the application of the rules of evidence through the specific analysis of the crimes of accepting bribes.It mainly involves the prosecution's understanding of the establishment requirements of the bribery crime and the understanding of the court.The parties involved in the trial and test have different standards for the adoption and application of the evidence and the defendant's own efforts to pursue the result of the acquittal.The fourth part is the purpose of this article—the correct acquittal of accepting bribes.First of all,we must correctly consider the issue of the acquittal of accepting bribes,that is,the low rate of acquittal.The understanding of the legitimate factorsshould also be alert to the harm caused by unreasonable factors.Secondly,the analysis of the third part shows that bribery The important reason for the acquittal of sin is that there is a difference in the understanding of the crimes between the procuratorial organs and the judicial organs.There may be abnormal intervention factors,but in general,both parties have a deeper and more accurate understanding of the crimes.For the parties,it is beneficial and harmless;Finally,the author submits the refund before the crime is filed.The case of property as an example advocates that other circumstances applicable to the acquittal of accepting bribes should be correctly considered.