Legal Analysis Of Zhang Yongbin’s Bribery Case

With the development of China’s economy, the crime of bribery changes and upgrades continuously in means and forms. There appears new type crime of bribery which is different from in the past. Because of these new forms of bribery crime compared to traditional crime of bribery is more fraudulent, subtle and complex, but the legal provisions for these are not perfect, resulting in a lot of controversy and problems in the judicial practice. Under such circumstances, using case analytic method, with the typical case as the research object, do a legal analysis, can provide some ideas and references for judicial practice to solve similar cases.This article takes the typical case of Zhang Yongbin’s bribery for the object, analyzed the actions of entrust financing bribery, performance shares bribery, bribery under borrowing and bribery of return property after receipt. Meanwhile, this paper discussed the disputes which are involved in this case as well. Thereby to state my humble opinion for helping judicial cognizance during the future practical work in the similar case.The full text can divide into three parts:introduction, main body and epilogue. The main body includes three chapters:Chapter one is the review of case. It will retrospect the facts of the case, views between the prosecuting and defending parties, ratio decidendi and reasons for verdict in this chapter. And propose the disputes involved in this case. Chapter two is the analysis of legal issue involved in the case. Base on chapter one, it will analyze the legal issues involved in the deputes of case one by one. And mainly includes the studies of judicial cognizance for entrust financing bribery, performance shares bribery, bribery under borrowing and bribery of return property after receipt. Chapter three is the thought caused from the case. Base on the legal analysis, this chapter will discuss the disputes and inadequacies existed in opinions, and propose my own humble opinion and thought.