Discussion On Several Problems In Bribery Crime

Bribery crime is the focus of the struggle against corruption blow, its complexityand concealment of theory and judicial practice, it is the problem. In this article,through selecting a to the subject more bribery case, the relationship of the main bodyof the behavior as the foundation, the flow of bribe for clues, with taking bribes, usebribes to influence, non-state staff related crime and joint crime theory to analyze theinformation to Wang Mou and Zhang Mou as the main object behavior properties, thispaper expounds the accomplice of bribes and use the difference and taking bribesinfluence without agreed, such as bribery afterwards. The hope can give later judicialpractice of similar case dealing with some meaningful reference.The letter divides into four parts:The first part of this paper introduces the main case. Zhang represents Acompany and A former vice city mayor Wang signing an agreement with the city of Abid for A project, Wang through its old men b let A company successfully won the bid,A company for$3.1million to Wang, Wang to money to b500000Yuan respectivelyafter and Zhang is100000Yuan. Zhang let Wang to project after the subcontract BCompany take before and after800000Yuan, Wang, and twice to give Zhang a totalof$300000.The second part summarizes the dispute with the central issue view. The centralissue there are four main: First, Wang received$3.1million of the Company Aqualitative belongs to how to distinguish between the influence of taking bribes andaccepting bribes accomplice. Second, Wang B bribery behavior of500000qualitativeand Zhang10million received Wang qualitative, in essence, how to distinguish thecrime of bribery and introduction of bribery, and how to identify non-national staffaccepting bribes. Third, in the second half of2010and early2011, Zhang totalreceived300,000yuan of King qualitative, are how to distinguish between non-Statestaff accepting bribes and an accomplice in the use of the influence of acceptingbribes. Fourth, the unit where a company in Zhang Wang310Million behavior qualitative, in essence, how to identify the units of bribery.The third part is the central issue of the case the legal analysis. Mainly on theanalysis of the influence and the use of bribes accomplice bribery, introduction ofsubjective and objective distinguish bribery elements, without the prior contract afterthe nature of the corruption of non-state actors, staff of the object and type and crimeunit crime elements of subjective and objective basis, clarify and Zhang betweensubjects such as Wang of relations and their behavior nature. The author shows thatthe relevant theory of the attitude and to each of the central issue that analyze theconclusion.The fourth part is research conclusion. By using theory and the way of thecombination of the case that the main action from a company main Wang public3.9million Yuan constitute use influence taking bribes, give b500000constitute a crime,for a total of$400000to Zhang a non-state staff crime; Zhang receiving Wang a totalof$400000a non-state staff taking bribes.