Some Problems Bribery

With the rapid development of the socio-economic, bribery case in many aspects ofbehavior, bribery approach to showing the hidden nature and complexity of features, money"directly" into the "indirect" by the "spot" change"options". These problems to our judicialanti-corruption work has brought unprecedented difficulties and challenges, even in judicialpractice on the handling of the bribery case, toward two extreme trends: First, frompreventing and combating crime, as long as the identity of the perpetrator has a national staff,the daily economic exchanges or obtain additional, unfair economic interests, all deal withtaking bribes; Second, from the follow the principle of legality, to fully protect citizens’personal freedom standpoint, there is no clear, direct the provisions of criminal law provisionsand their judicial interpretation, but does comply with accepting bribes in real terms and theform of new type of accepting bribes, is not allowed to incriminate or not easily incriminate.Above plight, there is a deviation with the understanding of the nature of the judicial staff ofthe crime of accepting bribes in the judicial practice of implementing the essence of acceptingbribes is not thorough enough, has a close relationship, it is worth the judiciary to bereflection.In this paper the whole chapter is a total of about20,000words, divided into five parts:The first part to the third part is the introduction of the basic facts of the case of the"Zhang Xiaodong bribery case. Zhang Xiaodong bribery case, the whole story a briefintroduction, analysis of Nanchang, Jiangxi Province, Castle Peak Lake District People’sCourt verdict on the trial of the case, the three contentious issues to be discussed in thepresent case:(1) Zhang Xiaodong use position to facilitate job placement for Chen Jinli, and"nominal" and receive remuneration whether the conduct constitutes a crime of acceptingbribes; Zhang Xiaodong (2) use his position to facilitate, Wang extraordinary buyers obtainonly special offers for Wang’s extraordinary personal behavior constitutes accepting bribes;(3)Chen Jinli in the Chinese company a "nominal" behavior, extraordinary use of the convenientconditions for the formation of Zhang Xiaodong duties behavior seeking to buy a house for their own special offers in the nature of what should be identified.The fourth part is related to Zhang Xiaodong bribery case a number of legal analysis. Thispart of Zhang Xiaodong bribery case has made a theoretical explanation of the three aspects:first, the nature of the crime of accepting bribes. The part of the first to reveal a trade powerfor money is the nature of the crime of accepting bribes. Then made a certain amount ofanalysis and understanding of the specific content of trading power for money, pointing outthat trade power for money of the two essential elements: an improper exercise of power andmoney improper payments. Finally, the importance of understanding and interpretation of thevarious Elements and the elements of the crime of accepting bribes in the bribery case ofjudicial practice have to be tightly around the trading power for money of this in real terms tograsp, and any out of trading power for money in real terms, thereby accepting bribes made tounderstand, are contrary to legislative intent and statutory crime and spirit. Second, acceptingbribes constitute elements of understanding of the elements. Mainly around the "ask for oraccept other people’s property" and "specific relationship" connotation and extension ofunderstanding of the two questions commence, further emphasizes the understanding andinterpretation of trading power for money nature of the crime of accepting bribes Elementsand elements with important guidance significance. Second, the analysis of the two high"views" in the case of several theoretical issues. Specific relationship in the case involving thetwo "opinions" of this part of the "nominal" to receive remuneration, taking bribes in form oftransaction and other issues made a detailed exposition, and made a lot of their own on thetwo understanding of the opinions ": two" opinions "in a" nominal "receive the amount of theremuneration and transactions taking bribes in the amount of bribes identified to the existenceof the premise of trading power for money for its quality, whether in the number reached thestarting point of accepting bribes of the amount of the lowest prosecution for the amount, andthen be dealt with according to their specific circumstances.The fifth part is the conclusion and its revelation of the "Zhang Xiaodong bribery case". Inthis section, the author according to the last chapter discusses the basic theory of ZhangXiaodong bribery case, a comprehensive and in-depth analysis and come to the Castle Peak Lake District People’s Court’s ruling is essentially the same conclusion:(1) Zhang Xiaodongconstitute bribery The crime of bribery only accepting Wutai Hai Chen Wenjun coupons, giftcards and cash for a total of78,650yuan behavior, Chen Jinli arrangements and then a"nominal" to receive remuneration, obtained from the king of extraordinary special purchaseoffers two behavior should not be identified as Zhang Xiaodong of bribery.(2) Chen Jinlibehavior does not constitute a use of the influence of accepting bribes, nor does it constitutethe crime of bribery does not bear criminal penalties.(3) extraordinary king does notconstitute the influence of taking bribes, nor does it constitute the crime of bribery, are notheld criminally liable.Finally, a brief analysis of the new features of the current situation bribery case: thebehavior and behavioral diversity of content, the third person (in particular the characteristicsof the relationship between people), participation, hidden by the act itself. For this series ofnew features and is similar to Zhang Xiaodong case of bribery cases, I addressed and resolvedin ways, for reference and inspection of the judicial practice.