The Cognizance Of Close Relatives “dry Share Dividends” Bribery

The emergence of new ways of bribery, increasing the difficulty of bribery accomplice identified. By examining the practice of common law crime of bribery in the handling of discovery, national staff and close relatives are more common bribery crimes occurred, but also the most complex identified: close relatives with the national staff usually living in the same space, combined with each other The family relationships, to identify their property constitutes acceptance of common crime of bribery, there are some difficulties; multiple trend means of bribery, but also prompted the concealment of such crimes, especially in the identification of common intentional bribery, the case latecomer refute its more reason is not aware of this behavior is a crime, not aware of their belongings are accepting bribes.There are close relatives to participate in the bribery case, the prosecutor even mastered the property of their accepting the fact, but in its allegations, because the law is incomplete content, for example, close relatives have what "conspires" scenario determination This in turn led to the prosecution will face many difficulties in prosecution.Close relatives bribery accomplice problem, not only has its own characteristics, but also the characteristics of ordinary common crime. Specific to the judicial practice, in order to determine which method to close relatives constitute bribery accomplice, the key is to look at the nature of its receipt of property, and subjective aspects of their behavior understanding. Taking a heavy bribes, for example, the existence of judicial practice how to define the scope of bribery, acts of nature close relatives accepted money and how to evaluate how close relatives bribery subjective aspects identified other issues analyzed and discussed in detail.A total of four parts, the specific content of the writing of this article is as follows:The first part of the basic circumstances of the case were introduced to explain differences of opinion in this case according to the specific circumstances of the case, summarized the focus of controversy in the case. Case, according to the control, defense, judge, different views on certain behavior Shen, summed up the focus of the dispute, that Shen as a general subject, whether it can become an accomplice in a special subject of crime, its dispensation how dividends assessment, how to identify the subjective aspects.The second part, the focus of the case based on specific legal analysis, analysis to identify high degree of departure from the focus of a legal case against Shen dispute.Writing this part of the major domestic and different with the current theories on the general subject can become the subject of a special accomplice, what the scope of bribery in order to define what kind of standards, common bribery subjective aspects of the case, how should identify three There are legal issues were closely analyzed, draw their own point of view.The third part, based on the legal analysis, the focus of the dispute in this case have a clearer awareness and understanding of this part of writing the specific circumstances of the case for a comprehensive analysis demonstrated that the presence of the main identity Shen bribery accomplice, a share dividend Shen whether bribery bribes in scope, Shen subjective aspect of intentional presence of common crime of bribery. Finally a legal analysis of the behavior of the above qualitative Shen.The fourth part of the case study and revelation is the overall thesis writing extensions and sublimation. Is based on the law currently close relatives and co-national staff bribery handling characteristics of the status quo and Thinking. Emergence of new ways of combining bribery, bribes are given in "bribe" to define the scope of the standard, based on the legal practice on how to establish close relatives with the national staff of bribery intentional common estimation mode, gives practical suggestions and countermeasures to solve.