Judgment Of Bribered Cash Used For Public

Bribery is commonly seen in duty crime and there are several deputies in judicial recognition. Moreover, whether the bribery money used for the public is still a big focus of deputy in recognition and penalty measuring.The so-called bribery money used for the public means the acceptance of bribes use the money in public expenditure or donation in the name of company. There are different opinions in such actions, but practically, it adopts Deduction method over years to deal with such cases, which indicates indulging culprit. Therefore, precise definition of bribery money used for the public is closely related to effective crime-combating. The paper takes Wen jianmao, Director of Xintian County, Hunan province as example to analyze and recognize the nature of the bribery. The paper is dividend into three parts: Preface, body text and conclusion. In addition, the body text is fallen into three chapters.The 1^st chapter introduces the case and highlights the subject of the paper—briber money used for the public. There are two parts in this chapter: the first part makes brief introduction of the case and the results; the second part is the focus of dispute, including some opinions about briber money used for the public.The 2^nd chapter analyzes the whole case and is dividend into three parts. The first part clarifies some relative legal problems involved in the case, including crime constitution theory, theory of completed offence, sentencing situation theory and relation of crime constitution of bribery, standard of completed crime and crime constitution; the second part analyzes the actions of the defendant. The author starts from relative theories combined with different opinions of bribery money used for public in a bid to define the nature of the crime. The paper analyzes the entire bribery action of defendant and comes to an end that it affects little to accomplished results; the third part makes brief comments to the third trial. Different trials not only reflects whether it is suitable to the defendant in terms of judicial judgment, but it alter the wrong and long term practice in judicial practices, which is a milestone.The 3 ^rd chapter shows some thinking came from this case and it is fallen into two parts: the first one confirm that bribery money used for public does not affect judicial judgment and then provides some legal opinions and put forward the existence of special situation of non-crime constitution of bribery. And it gives some related standards and the author also gives some new ideas after analysis; the second part clearly defines the scope of money used for public and the well-beings and motivations of the criminals.