Consideration Of Organizational Bribery And Related Issues

Units of bribery is the process of developing a socialist market economy, the emergence of a new type of crime in recent years become increasingly serious crimes as bribery of a special type of form, which not only has the characteristics of bribery, while the main body of the crime also has a certain degree of complexity. In this paper, a specific unit of the unit bribery case identification of bribery, the crime of common crime and attempted both problems.Paper is divided into six parts, a total of about 16,000 words.Part I: cause of action. B bribery case the two companies.Part II: case. Part B of the two companies described the process by Yinmou bribery.Part III: the focus of the case. Case focus is: 1. Bribery in the unit "to seek illegitimate interests" identified. 2. Common units bribery Crime. 3. Units of the attempted bribery problem.Part IV: controversial views and differences of opinion. This section lists the case first controversial views and reasons.Part V: Legal Analysis. Crime Unit bribery issue, the article analyzed the "unit act" and "to seek illegitimate interests" principle, that the judicial interpretation of "unfair advantage" meaning that the unreasonable. The paper must consist of a single natural unit of behavior can be raised under the premise of the implementation of behavior must reflect the collective will of the unit, the unit acts to emphasize that a procedural requirement, even a natural reflection of the will, but also need a specific program to increase for the collective will. The article cited in the judicial interpretation of "unfair advantage" of that standard, and the reasonableness of the standards were analyzed, pointing out that will explain the procedural legitimacy of the interests of law and mixed, are more broadly interpreted. Meanwhile, the article also pointed out that the "to seek illegitimate interests" as the unit of the Crime of bribery and unreasonable limitations exist, as well as in judicial practice is difficult to identify the elements of the case, suggested that "to seek illegitimate interests" exclusion In addition to constituent elements, without considering the interest of seeking the legitimacy of the unit from the acts violated the criminal object of bribery acts that the integrity of office, not be identified in terms of buying point of view. Units of the common crime of bribery, the paper units and individuals from common crime and common crime unit and two units of analysis, and to the "common purpose" and "common behavior" of the judge made observations. This paper presents the crime, the perpetrator shall be under the control of the implementation of joint co-intentional acts, and should consider whether the behavior of the same interests in order to pursue the implementation of the act. Both units attempted bribery issue, the article must exist Attempted bribery units, based on the analysis of its Standard of Accomplishment that bribery in the unit, as long as the state with subjective honesty of the staff positions caused by abuse intentional, objective implementation of bribery and corruption were identified as receiving a financial or accomplished.Part VI: Conclusion. B constitutes a unit of the two companies bribery, but not a common crime. A company is a crime accomplished, and Company B is a crime attempt.