Wang Xiao Shi Mediation Bribery Case Analysis

At present,the problem of corruption and bribery crime, has become the countries all over the world, including China, concern and solve problem. To combat and punish corruption and bribery crime, China's legislation and judicial departments make efforts unceasingly, and obtained some achievements. Wang xiaoshi mediation bribery case is typical example. Due to the mediation bribery is a unique bribery, although the criminal law of the People's Republic of China first 388 stripes and 28 February 2009 by the amendments to the criminal law of the People's Republic of China (seven) "article 13 made of mediation bribery crime, but specific provisions of the theory and practice of determination and mediate bribery in the understanding relative legislation still have considerable differences. The typical cases by judicial practice, specific analysis and mediation bribery, and on this basis the rationality of punishing mediation bribery put forward Suggestions, whether for the legislative branch, or judicial practice department, has a positive practical significance.This paper is divided into three parts:the first part, the case review. This section main selection "wang xiaoshi mediation bribery case" as the breakthrough point, on the whole, this paper puts forward the case after case review the controversy over. The second part of this case controversy over analysis of law. In the first part of this part of the case, on the basis of some controversy over involved each legal analysis, including mediation bribery in "post relationship" and "profit elements" and "bribery amount" of acknowledgment and analysis. The third part, triggered by the case of thinking. Combined with the second part of this case, the legal analysis of the Angle from the theory of "post mediate bribery elements," relations, "unfair interests" of bribery crime elements as well as further on the improvement of the legislation to analyze and study, and on the basis of the analysis presented their views in judicial practice, in order to mediation bribery crime to understand and grasp help.