Qualitative Analysis On The Bribery Crime And The Fraud Bribery

At present, China is in a period of rapid economic growth. Rapid economic growth has brought technological changes and increasing citizens ’ wealth gap by increasing, resulting in property crimes continue to occur in various forms.Among the many types of property crime, fraud is the most common type, but also criminal law focused on the fight against crime. With the development of society, more and more diversified forms of fraud, fraud and bribery during the judicial practice, when woven together, to the characterization of the case has brought a great deal of difficulty. Under normal circumstances, due to fraud and bribery have great differences in terms of crime, crime, crime, crimes are relatively easy to distinguish between subjective and objective aspects, not easy to be confused. But special circumstances, will bring more difficult cases because of the controversial nature. If the subject is the national staff, a special body of the crime, especially State personnel who take advantage of their Office identity spoofing each other trust and commit a crime, quality of this case will make the case generated considerable debate, it is difficult to distinguish what is bribery or fraud shall be punished. Paper to case of form started, from "Dr a illegal mediation not has jurisdiction right of case and pocketed part mediation paragraph case" this a controversy quite big of practice case starts with, on Dr a illegal mediation case of controversy focus for analysis, from legal shàng analysis bribery sin and fraud sin of concept, and features, and crime constitute and both of difference,, then exploration analysis fraud sin and bribery sin of difference, practice problem of solution approach. This study is based on analyses of a case in judicial practice, application of legal analysis for theory and qualitative find the legal basis for the case, and to resolve on the difficulty of this type of cases in judicial practice.