The Substance Of Behavior Of The State Staff’s False Promises To Seek Benefits For Others

Crime of Fraud and Crime of Bribery have a big difference on the subject,subjective aspect, object, objective aspect. But they would be confused when thegovernmental staff commits crime by fraud in the judicial practice, especially whenthey make a false promise to seek benefits for other people, there is a controversy inthe theoretical and judicial practice, some agree to constitute the crime of bribery, theother agrees to constitute fraud. This paper will consist four parts:The first part will base on a typical case, after introducing the basic of the case,we can found that the key point of the dispute is the substance of behavior of the statestaff when giving a false promise to seek benefits for others.The second part is the theory discussion. Firstly this part try to define the relatedconcept: to seek interests for others, false promises and so on, and then analyzes thegeneral difference of bribery and fraud. Moreover, in my opinion, the cause of thisdispute is the different standards of distinguishing and the lack of a common analysisframework. This paper holds that we should in accordance with three steps: firstly theway that the staff got property, and then analysis whether the staff had relevant duty,finally find the orders of the acceptance property and the false promises. While thegovernor has no relevant duty but make false promise to others, or after making thefalse promise he accepted others’ property when he was in relevant duty, it was afraud.The third part is about the case. In this part, based on the opinions, after analyzingthe whole case, we support the view of the court that Mr. Wang should be sentenced tocrime of bribes but not crime of fraud.The fourth part is the implications of the study on the case. according to the caseand the relative theory, in my view, when analyzing the governmental staff’s behavior,the difficulty is to tell whether the staff has the convenience to achieve the promise. Sowe should focus on the aim of the person if it is for making benefits for others or just want to accept property from others easily. After that, by utilizing the analyzeframework, we can distinguish the behavior and make it clear.