On The Special Related Person Participating In Co-bribery Crime

With the strengthening of national anti-corruption efforts, means of bribery is gradually trends to indirect and covert. The perpetrator is often not directly demanding or accepting people's bribe, but by seemingly legal means to conceal their illegal conduct, such as through special related person, for instance, close relatives, lovers or other third person to achieve their criminal purpose. On July 8 2007, the Supreme People's Court ("SPC") and the Supreme People's Procuratorate ("SPP") jointly issued the "Opinions designed to clarify certain issues in relation to law on criminal bribery", indicated for the first time that special related person receiving bribes is also a way of crime, and is subject to criminal penalties. However, the form of crime that people who take advantages by his position and people who receive money or property separated from each other, causes a series of new issues both in theory and practice. Such as the scope of "special related person", how to identify the subjective intent of common bribery, as well as the quality and punishment of such cases and so on.This article can be divided into three parts:introduction, body and conclusion.The text is divided into three chapters. Chapter I introduces two selected cases, leads us to discuss the co-bribery crime of special related person participated. This chapter consists two sections:section I describes the basic facts of two cases and trial results; sectionâ…¡analyzes the dispute and focus of the two cases.The second chapter is legal analysis about the two cases. This chapter is divided into three sections: section I discusses the main scope of special related person, analyzes if special related person can be accomplice in bribery through different theories; sectionâ…¡introduces the types and characteristics of special related person participate in co-bribery; section III is about the quality and punishment of co-bribery crime, including identifying principal and accomplice, the amount of co-bribery. The third chapter is about the legal thinking of co-bribery cases. There are three sections in this chapter: based on the list of the international relevant legal provisions, section I indicates the inadequacies of our legislation and proposes some recommendations; section II focuses on whether the subjective intent of co-bribery can be deduced; linked to the punishment provisions of corruption in other countries, section III points out that China should also establish and improve the property declaration system, and make efforts to strangle corruption in the cradle.