The Legal Analysis Of Maping's Bribery Case About Low-cost Housing

On July 8,2007, People's Republic of China Supreme People's Court, Supreme People's Procuratorate had issued jointly "about Handles Bribe Criminal case To be suitable Legal Certain Questions Opinion" (to hereafter refer to as "Opinion"). "Opinion" wrote the transaction bribe crime in first.The transaction bribe covers in fact bribe by the superficial on transaction behavior, it has a stronger confidentiality, thus the social hazardous nature is also bigger."Opinion" appearing has given the positive effective punishment to the transaction bribe crime, but in reality, as a result of the transaction bribe case complexity, always has the quite great dispute in its qualitative question.This article adopts the case analysis the form, and actual unifies through the theory, key carries on the thorough careful analysis to in the transaction bribe dispute question.This article will carry on through four parts to the transaction bribe crime related question elaborated that:The first part is for the detailed introduction case;The second part has displayed the case the dispute focal point, mainly includes four aspects:How did preferential prices recognize, "Obvious" standard recognizing,"When transaction" limits standard and How did bribing recognize.The third part carries on the detailed analysis to the case dispute focal point:first of all,When Maping purchased houses, enjoying "the preferential price",he does or not afford the normal preferential price. this article emphatically with comes from the preferential benefit shopping essence and the preferential price purchase commodity by the transaction bribe boundary to the preferential price to carry on the thorough analysis;Then The question is how recognize" lower than the market price", from stipulated "obvious" necessity, "obvious" standard five representative viewpoint and "obvious" the limits standard three aspects carry on the elaboration;thirdly,the question is how recongnize the tribe amount and computation datum time, mainly discussed to "the transaction when" this time recognizing;Finally, the question is Bribe amount'confirmation standard.The forth part is to consummates the suggestion which our country transaction bribe crime proposed.