The Research On The Crime Of Transaction Bribery

The Supreme People's Court and the Supreme People's Procuratorate announce the Opinions on Issues concerning the Application of Law in the Handling of Criminal Cases Involving the Acceptance of Bribes. In order to legally punish the new types of bribery crime, the Opinions lists the crime of transactional bribery in the premier place. Combine the theory with practice, the paper analyses several problems of the transactional bribery in practice. The article is divided into three parts:1. The overview of transactional briberyIn this section it describes the concept and constitution of crime of transactional bribery, and then analyses the types of transactional bribery. Through this discussion, the transaction bribery can be divided into three forms: first, purchasing any house, automobile or any other item from such a person at a price that is obviously lower than the market price; second, selling housing, automobile or any other item to such a person at a price that is obviously higher than the market price; Third, accepting illegally an item from a person in any other form of transaction. For example, replace the low value goods to high value goods in the form of transaction.2. Analysis the key issues of transactional briberyThe crime of transaction bribery is an unique form of bribery which has distinctive features. This section focuses bribery from three angles: the legitimacy of outward form, the non-equivalence of transaction objects and illegal transaction behaviors. To analyze the essential characteristics of transactional bribery through the phenomena. The transaction type of bribery is quite different from that of common bribery. This section also explore the meaning of other items which listed in the Opinions .It argues that the judgment of transaction bribery should be based on the objective circumstance, the educational level and the level of economic development.3. Analysis the Case of Ding's Transaction briberyThis chapter lists a typical transaction bribery case to analysis the controversial of judicial determination of the issue. The first problem is how to judge a particularly promotional price. The normal promotional prices should be pre-set, not for particular people, to distinguish from a bribee who has a particular price. The second question is how to deal price clearly below the market price. It draws the rational part of theories in the different angles. Considering the location, local consumption level, economic development level and other factors based on the essential characteristics to identify the specific cases of clear situation. To see the principle of legality as a guide that analysis the nature of the case. The third problem is the amount of bribery. Cost price or market price which method is more suitable to the criminal policy. On this issue, this article tends to market prices. It is more suitable to market discipline by calculating the market price. Furthermore the market price has so operational that avoid the indulgence of crime.