The Influence Of Exchangebility On The Determination Of Bribery Crime

Bribery in China is currently a relatively crime-prone position, is also building in the fight against corruption one of the key object of punishment. Bribery is a crime of "trading power for money" as the characteristics of job-related crimes.This "deal" is the essence of state personnel will be granted by the State of his power as a commodity to exchange for other people's property, with the interests of others to seek ways to "sell" their powers.As long as the perpetrator of intentional subjectively, there is bribery, then the implementation of the objective of bribery, to take the mandate granted by the State to do business with other people's property, whether consummated or attempted bribery, bribery hand regardless of whether the property,Either corrupt or bribes are not bending the law, and regardless of whether it had serious consequences,both on the national staff clean breach of the obligation, is the integrity of the official acts of destruction, consistent with the object of bribery demands.The essential characteristics of bribery is to make money,transactional nature determines the object of bribery violations of the national office staff clean and honest behavior, while bribery and crimes constitute a very important effect on production. Trading conditions include not only the current terms of use actors, but also the convenience of using power to generate the conditions that facilitate the conditions and terms of the.Transactions should include the purpose of a behavior-the behavior of accepting other people's property, and a means of behavior is-to benefit other people's behavior, both the implementation of behavior is qualitatively different, not a separate crime.Transactions of the main qualifications in the use of national staff refer only to the convenience of the current position. Bribes transactional nature, and means aimed at complex behavioral characteristics requires that the perpetrator in criminal activities in the implementation of bribery,Must be necessary for the realization of trading power for money by the dual subjective intent, that is, used his position to solicit or accept money from other intentional and used his position to seek benefits for others intentionally. Using a comprehensive analysis of trade theory to the whole process of bribery, you can clearly see that, no matter what kind of behavior means and methods people use bribery, they meet the transaction characteristics, we can accurately identify the nature of their crime of bribery."Transactional" feature is also accurately determined that "emotional investment" in nature, the crime of bribery is different from "reciprocity","normal civil debt" of the important basis.Meanwhile,in the bribery investigation of crime, the use of transactional features to collect evidence more efficient, more timely and accurate confirmation of crime, including transactions subject, purpose of the transaction, trading conditions, trading behavior,And trading partners and other evidence.Especially the banner of "reciprocity", "feast called" bribery and other criminal acts carried out under the banner of more income from the families of bribery,bribe people with criminal suspects and defendants the closeness of relationship, gifts of time,place, reason, amount The results so comprehensive collection of evidence.For national staff to use their positions to,for no legitimate reason for accepting other people's property, and to the extent the amount can be based on the fact that under the existing analysis to refute and defend the perpetrator, the introduction of the rules of criminal presumption, the presumption that he has the"asOther individual "subjective intent is, and others to" trade power for money "and thus recognized as a crime of bribery.