In order to penalize the acceptance of bribes by non-state functionaries who abuse public power, the anti-corruption system of China＇s criminal law has undergone successive transformations： from punishing non-state ...In order to penalize the acceptance of bribes by non-state functionaries who abuse public power, the anti-corruption system of China＇s criminal law has undergone successive transformations： from punishing non-state functionaries who accept bribes in accordance with the joint crime model to punishing them in accordance with the model for a single crime, and from seeking the rules of punishment in judicial interpretations to having the criminal code directly prescribe the criteria for determining a charge. Judicial interpretations have been particularly concerned with the punishment of non-state functionaries who have a relationship of common interests with a state functionary. The crime of accepting bribes given in return for trading in influence was established to solve the problem of the judicial vacuum created by judicial interpretations, but new legal obstacles have emerged. To generalize the class of offenders who accept bribes in return for using their influence is the route future improvement should take.展开更多
文摘In order to penalize the acceptance of bribes by non-state functionaries who abuse public power, the anti-corruption system of China＇s criminal law has undergone successive transformations： from punishing non-state functionaries who accept bribes in accordance with the joint crime model to punishing them in accordance with the model for a single crime, and from seeking the rules of punishment in judicial interpretations to having the criminal code directly prescribe the criteria for determining a charge. Judicial interpretations have been particularly concerned with the punishment of non-state functionaries who have a relationship of common interests with a state functionary. The crime of accepting bribes given in return for trading in influence was established to solve the problem of the judicial vacuum created by judicial interpretations, but new legal obstacles have emerged. To generalize the class of offenders who accept bribes in return for using their influence is the route future improvement should take.
