Analysis On New Bribery Types

At present, new type bribery crimes constantly appear, and comparing to the traditional bribery, they are falsu, covert, indirect. In order to solve the bribery identification problems, The Supreme People's Court And The Supreme People's Procuratorate have issued The Opinions On The Problems Of A pplied Law For Handling Bribery ("Suggestions" in short). This article which explains the suggestions contains eight parts. The first part is about Judicial identification on free obtained share bribery, and it at first explains what is free obtained share and different types of free obtained share bribery; then explains the difficult problems in detail, such as how to identify the number of property already given the bribee, how to identify accepting intangible capital and quoted company stocks. The second part is about judicial identification on cooperation and investment bribery. This part at first explains forms of accepting property, then explains the difficult problems in detail, such as public servants do not invest and manage the company but receive bonus, or the interest is much higher than the investment, and whether their service can be considered as investment. The third part is about judicial identification on transaction bribery, and it at first explains what's transaction bribery, then explains the difficult problems in detail, such as buying houses or cars at a very low price from a person, and selling houses or cars at a very high price. The forth part is about judicial identification on post factum bribery. This part at first explains what is post factum bribery main body, then explains the judicial identification of appointment. The fifth part is about The fifth part is about judicial identification on ownership exchange without register bribery, it at first explains the phenomenon of accepting bribe without ownership exchange register, and whether this behavior is already bribery or not. Then it further explains crime being committed while cars or houses ownership exchange, already ownership exchanged while crime being committed, and doesn't register or has no intention to register. The sixth part is about judicial identification on doer's returning or handing in bribe, then explains some difficult problems, such as whether public servants must explain the character when hand in property, and why accepting at first and hand in later. The seventh part is about judicial identification on taking bribery by entrusting money management and gambling. It at first explains what is receiving quite higher than normal or no real investment and receiving income. Gambling bribery at present has the following forms, including debts clearing, returning money after lost in gambling, no loss, receiving bet. The eighth part is about judicial identification on special-relation bribery. This is the new part of "suggestions", at first it identify the relatives, lovers and other same interest person. The relatives should be with the standard of law, same interest relation is mostly about economic interest relation, but not only about property. Specific relation person accepting salary is typical receiving bribe. This part explains public savants and their relatives' bribery, gives some kinds of examples, and considers in reason and penal policy, and meanwhile explains how to identify his lover and common interest person also receiving bribe.