Research Of The Dififcult Questions In Mediatory-Bribery Crime

It is going to discuss some contentious aspects in the mediatory-bribery crime,with a case of “Qian’s mediatory-bribery crime”, by the way of the combination oftheory and case analysis. This paper mainly intends to discuss and summarize threedisputed focuses in justice: taking advantage of someone’s position or power, someother public personnel’s act, irregular profits, as well processing the standard ofclassification in my opinion.The full text is divided into six parts.The first part and the second part introduce the essential complexion of the case.The third part and the fourth part point out the pleadings about the case of boththe charger and the defender. It mainly includes three aspects: First: whether Qiantakes the advantage of his power and situation; Second: whether Wang’s behaviorcould be recognized as “other public personnel’s act”; third: whether the interests thatLee and PICC could be recognized “irregular profits”.The fifth part is the main body of this article. It mainly makes the legal analysisof the issues and draws a conclusion. According to the issue of whether Qian takes theadvantage of his power and situation, Firstly, it points out the three perspectives oftheory, and then makes a summary combined with the legislation and practice on theuse of the judicial status. Finally it draws a conclusion, combing with thecircumstances of the case. According to whether Wang’s behavior could be recognized as “other public personnel’s act”, firstly it discusses and makes a summaryon the meaning of national staff, public service requirements, based on the CriminalLegislation of China. And then make a dialectical analysis and identified aboutWang’s double-figures.combing with the present case. According to whether theinterests that Lee and PICC could be recognized irregular profits, Firstly it presentsauthor’s view on the analysis of theory of improper benefit, and then it makes asummary about the benefits the people gets in the case.The sixth Part mainly draws a conclusion on the behavior of Qian in the case，based on the front portion of said.And put forward suggestions to the judicial organson dealing with similar cases like this case.