Jurisprudential Research On Lizhen's Corruption And Bribery Taking

Li Zhen, who was once secretary of a chief political leader in HeBei Province, assumed general director and secretary of Party LeadershipGroup of He Bei State Administration of Taxation when he was accused.Sentenced with concurrent punishment for sevaral crimes of corruptionand bribery by Tang Shan intermediate People's Court in He Bei Prov incefor capital punishment, deprivation of life-long political rights andseizure of all individual property. He Bei high People's Court ruledthat judgment of court of the first instance upheld after Li Zhen appealed.Checked and ratified by the Supreme People's Court, Tang ShanIntermediate People's Court execute dealth penalty on November the 13th,2003. It reflected the determination of strictly striking corruption bythe Party and government through Li Zhen's case, and what's more, thiscase has offered plenty of typical materials for the criminal law research,especially the nature of the identification of Li Zhen as a secretaryin the corruption and bribery and what kind of role he has played therein.The point mentioned above was not involved in the judgment; however, itis helpful to clarify the character of a secretary and the interactingrelationship of Position and Power in the cases of corruption and briberyand to deal with some current corruption cases involving secretaries.In addition, it deserves discussing both the forms of crimes that Li Zhenutilized leadership authority for bribery and identifying the subjectaspects that Li Zhen accepted or asking for others' property. The body of this essay is divided into four parts:In the first part,the basic details of the case is analysized and summarized in general,and three issues worthy of discussion were chosen in this process as thekey issues discussed in the following. In part II, part III and Part IV,the three issued mentioned in the first part was specifically exploredwith discussions on the cognizance of the identification of secretary,atypical indirect compulsion Kansetsuseiban and cognizance of thesubject aspects of the crime of bribery. Specifically speaking, thefollowing issues are referred to: Firstly the cognizance of the identification of secretary is notpurely an issue on criminal law, however, the solution to this issue isof great importance to the structural elements of secretarial crimes.In this section, the author mentioned the concepts, the responsibility,the characteristics, the function and the sources of the power of thesecretary. Through discussions the author reaches the conclusion thatLi Zhen successfully acquired part of the powers initially belongs tothe political leadership shared the advantages in resource of leadersand continually converted relationship advantages into resourceadvantages through special relationships with the leaders andinterpersonal relationship, satisfying the requirements on powers in thecrime of bribery and thus theoretically solving the problem that whetherthe secretary with no power in law and policy could be the subjects ofthe crime of bribery. Secondly, it is the issue of atypical indirect compulsionKansetsuseiban. As a secretary, Li Zhen has no power in law or policy;whereas he created power though relationships with the leaders. Duringthe bribery, the powers Li Zhen used in trading for money is actuallyhis leaders' power. In many cases, he used his leader's powers in tryingto gain benefits for others, simply stealing or utilizing them in thespecial identification of a secretary. An interesting phenomenon hereis that , which could commonly be found in many other secretarialcorruption, Li Zhen received and asking for others' property throughutilizing leader's powers and seeking benefits for other people by usinghis leader's authority. Powers and conducts of the leader is an essentialcondition for construing the bribery that Li Zhen has committed. In orderto be the subject of the crime of bribery, it is necessary to hold kindof authority (there are exceptions in the complicity, however, beyondthe scope of discussion in this essay). Li Zhen's acquiring power...