The Bargain Type Takes Bribe A Criminal Quantity Define

This article is mainly talking about some of the difficult problems oftransactional bribery crime in the amount of crime judicial definition. It promulgatedby the Supreme People’s court and the Supreme People’s Procuratorate of "opinions"as visual angle. Trying to analyze the theory made out to legislators, and to solverelated problems encountered in judicial practice.This article is divided into five parts to write the amount of the crime.The first part of the article introduces transactional the bribery crime of this newtype of bribery crime, to pave the way to study the amount of bribery. First of all,reveal the nature of the trading power for money. According to its characteristic, andcombined with the relevant provisions of the law. In this part, through the nature andform of crime of accepting bribes in exchange for writing, Understanding this articleto determination of the amount of bribery object.The second part of the article began to explore the amount of bribery to findtransaction type. In the "opinions" making, determination of related scholars oftransactional bribery crime amount should be what kind of commodity prices as abenchmark price is differences. This part first discusses the determination of theamount of the base price. This article through the analysis of several representativepoint of view, clarify the "opinions" provisions in the market price of rationality asbribery amount that the benchmark.The third part of the article further discusses how to determine the market priceof transactional bribery crime. First, analysis of the three views confirmed the marketprice point in time. It obtained the identification of the crime theory. Secondly, it isspecific to the prevailing practice bribery at preferential trading market price.The fourth part of the definition of deviation from the market price "obvious"standard. The analysis of the actual transaction price and the market price muchdeviation in conformity with the provisions of the transactional bribery amount. Itadvocates of theoretical circle, points out that the rationality of the amount and proportion view in the "obvious" standard. Then the author put forward to define thestandard advice.In the fifth part, combining with the above analysis of the determination of theamount of transaction bribery, to point out that the "opinions" is not perfect in threeaspects of the rules. It provisions for transactions, when units of transactional briberyand bribery amount difference obvious criteria. Then it put forward some proposal toimprove the three aspects of the problem.