Bribery Crime That The Knotty Problem

Bribery is one of ancient crime, a great harm to the society, to crack down on thiskind of crime is the inevitable requirement of the development of the country andsteady. While in our country football occupation League within the field of corruptionso that the majority of Chinese people cherish an undying, seriously affected thehealthy development of sports, serious damage to the athletic sports fair, fair principle.This article through to the2002Gong Jianping" black whistle" case analysis again, tryto clarify the bribery crime in this ancient ideal location now.The full text is divided into four parts:The first part is the presentation of a case. Football referee Gong Jianping in2000to2001period, by the Chinese Football Association appointed, in the NationalFootball League, used as the main referee office facilities, has9times the illegalbookmaking contestant given property, a total of385000yuan. Beijing XuanwuDistrict people’s Procuratorate to corporate officers taking bribes to the court accusedof taking bribes, finally the court sentenced Gong Jianping to10years imprisonment.The second part summarizes the controversy focus. The focus of controversybasically has three: first, justice should be involved in football in the field of" blackwhistle" behavior; second, football referee is the state personnel dispute; third, for thecrime of accepting bribes "seek interests for others" in the constitution status dispute.The third part is the case in dispute legal analysis, and on this basis, the author’spoint of view. On the case of every issue, academic circles and judicial circles havetheir own views, the theoretical debate endlessly, the careful analysis of each kind ofviewpoint, put forward their own views. To occur in athletic sports in shadyphenomenon, if violated the law, constitutes a crime, criminal justice procedurecaused by interventional investigation, there is a clear legal basis, and therefore alsobe above suspicion doubt. The fourth part of the Gong Jianping decision analysis. Through the aboveanalysis, the defendant Gong Jianping neither belongs to the national staff, also do notbelong to the company, the staff of the enterprise, the subject does not apply, and thuson the Gong Jianping case shall be sentenced to not guilty, but at the time, thisdecision has certain rationality.