The Law's Analysis Of "Jiang Bribe Case"

On February 23,2009, the first branch of Chongqing Procuratorate accused Mr.Jiang of bribery crime, who is the original chief and secretary of the planning bureau. Chongqing first intermediate people's court heard the case in public with Mr.Jiang and his lover (Miss Tang). The Court pronounced a judicial sentence in public that, Mr.Jiang was sentenced to death, made a two-year suspension of execution, deprived of political rights, and confiscated of all the personal property. His mistress was sentenced to imprisonment for fifteen years. The decision was reported by the media to the society. After that, the main points were debated. Mr.Jiang's sentence is lighter, and Miss. Tang's company were not punished. During the trial, the bargain of the facts of the crime was recognized and sentencing question was heated debate mainly in the following four aspects:1. The convenience of Mr.Jiang whether the interests for others.2.Whether Mr.Jiang and Miss.Tang are constituted of the common bribery.3. How to recognize the plot of spoils back in this bribery case.4. Whether the behavior of Miss Tang, who has established a firm, is a bribe units crime.Based on the theory of bribes crime and relevant theories, this paper is making a dialectical analysis on four focal issues in the process of hearing it. Then, to the new crime, such as Mr.Jiang using a company to make a corruption, especially the one case intermediary company limited company can become the subject of this problem. The paper makes a further analysis and discussion.Finally, this paper summarizes the problems and the provisions bribery legislation proposals:1) the punishment of corruption shall be punished provisions in the balance; 2 the One-person limited company be subject of corruption into the unit bribery scope,3 the punishment of corruption in the regulations shall be sentenced timely and appropriately.