The Investigation Of Dispute About Judicial Determination For The New Bribery Crime

Recently, with the establishment of market economy in China and the development ofcampaign of anti-corruption, the crime of acceptance has changed in form and means. Itcauses some difficulty for judicial determination. From that point, the “two supreme”jointly issued the Opinions on Issues concerning the Application of Law in the Handling ofCriminal Cases Involving the Acceptance of Bribes(the “Opinions”) and the Opinion onCertain Question of the Law Application on Handling of Criminal Cases of CommercialBribery (the “Opinion on Commercial Bribery”) which have proposed the suggestion forsome representative, divergent new bribe problems in judicial practice. They provided alegal basis for judicial organ to combat crime of accepting bribes accurately, duly.However, as the “Opinions” and the “Opinion on Commercial Bribery” are implemented,some problems such as existing several unreasonable places, lacking of the operationalhave emerged gradually. There exist widespread controversies about the understanding andapplication of partial provision in theory circle and practice circle. In order to understandand apply the relevant provision in the “Opinions” and the “Opinion on CommercialBribery” accurately, this paper choose some focused which are disputed in judicialpractice. From provision understanding to judicial determination, corresponding idea andthinking are proposed. We except this will offer help for judicial organ to identify variousnew bribery accurately.This paper is divided into three parts including the introduction, the main body, andsome conclusions. In view of new types of corruption such as bribery in the transactions,shares, entrusting fund management, gambles, nominally salary and so on, thecontroversial problems are mainly analysised and discussed seriously in the first chapter ofthe main body. And it also concerns about these problems how to be realized in the judicialpractice. The amount of property of interest, and the differences between brides and giftsare presented in the second chapter. It focuses on the shopping card, the bank card and thecost of traveling, and puts forward the opinions beneficial to the judicial recognition.Chapter3is mainly to discuss whether the sexual bribes, knowledge products and thevirtual property be brides or not. Moreover, some judicial recognition opinions conformingwith existing laws and judicial interpretations are proposed.