Talk About Several Issues, Mediate Bribery Controversy From Liaomou Case

With the continuous development of the world economy and culture, new social problems and legal issues abound. Among them, bribery has become a national institution in the world of common crime. In China, the issue of bribery shows the diversity of new trends, especially national public officials (including retired cadres) using their position and status as trustees of the third person (public servants). Thus, mediation cases have increased in order to adapt to social development and fight strongly against corruption, bribery and other crimes."Criminal Law 388"provides that if national staff use any authority or position to form staff positions in other countries or act as trustees to seek illegitimate interests, property, or request the acceptance of property, they should be punished for taking bribes. This is what Chinese criminal law scholars know as the"good offices crime of bribery"and which some scholars have called the"indirect crime of bribery". In this paper, the judicial practice of bribery is analysed in the mediation of a genuine case, that of the defendant Liao Mou. This study relies on the basic theory of criminal law, of which five examples of controversy will be the subject of analysis and discussion, and seeks to combine theory and practice of judicial practice in mediation to resolve the crime of bribery and to provide useful information.This text is divided into five parts. The first part introduces the case and highlights why it is the focus of controversy. The organs of state have left the Liao Mou mediation to a third person, as whether the defendant's actions in"arranging"work for trustee's children constitutes bribery is a bone of contention. The second part involves the basis and rationale for a general introduction, including the concept of bribery, the status of domestic and foreign bribery legislation and the composition of elements such as mediation. In this way, a detailed analysis of the case can lay the theoretical foundation and provide a theoretical basis for a conclusion. The third part is the application of criminal law theory to spark specific discussion on the focus of the controversy, including whether the defendant Liao Mou made promises to trustees to seek illegitimate interests. In addition, there will be discussion of whether the use of power or status to facilitate the conditions already mentioned falls under existing bribery legislation. The mediation of the subsequent bribery case and whether the defendant Liao Mou is responsible will be identified for further analysis. The fourth part is left for the author's summary of the case. After the analysis discussed, that has left some hall original personnel director Liao in accepting money and Wu's property, in order to help the money and Wu Moumou take improper benefits and use their special status influence on Hu and Lee to mediate, to form the mediate bribery crime; be the mediator Humou acts constitute a crime of dereliction of duty; be a mediator Lee behavior if the circumstances are obviously minor, little harm, insufficient to punishment, according to the specific circumstances given disciplinary punishment or administrative punishment.