Research On The Crime Of Transaction Bribery

On July2007the Supreme Court and the Supreme People’s Procuratorate jointly issued named" For accepting bribes on the law applicable to a number of criminal cases views on the subject"(hereinafter refereed to as "opinions"), this article set forth in the concept and the standard of "transaction bribery ", combined with the case in practice.The purpose of this article is that made the relevant recommendations and solutions in the following aspects:First, starting from the "opinions" to explain the concept of transaction bribery, characteristics and history of the Crime and analyze the transaction bribery, reveals the essential characteristics of the transaction bribery is still "the power to money transactions."Second:focus on analysis of the type and standards of transaction bribery, transaction bribery offenses include:"obviously cheap to buy cars, houses and other bulk items","a clear high-priced to sell cars, houses and other bulk items",and "other transactions in the form "It must be noted, as well as recognized transaction bribery, such as:the understanding of the market price,significantly above and significantly below the understanding, the transaction time,understanding of the "articles".Third:from the judicial practice in the investigation and handling of significantly lower than the market price case, the discursive practices, how to identify trading hours, the market price, the focus of the preferential conditions, subjective intent of criminal suspects.Fourth:on the basis of the above discussion, the author improve the law recommendations on the obvious standard to make clear:by the provinces, autonomous regions and municipalities directly under the Central Government under the auspices of the Supreme People’s Court senior the people’s Court on a realistic basis taking into account their respective levels of economic development, development of the region’s standards. Clearly a variety of favorable terms is not specific to the third person, and thus to improve laws and regulations in order to plug the loopholes that may exist.