Study On Chinese New-Type Crime Of Bribery

In recent years,with the economic globalization and the development of China’s economic construction, the ways to fulfill the value of property have became more diversified. For instance, the financing of insurances, negotiable securities, investment products, the rising of the transaction value of lands, buildings and vehicles, the increasing convenience of the ways of transaction, which make the new kinds of the objects of “property” of the crime such as bribe-taking spring up continually. There are some new patterns of crime of bribery, which are differ from the traditional patterns of crime of bribery, and the new patterns of crime of bribery are more covert than the traditional patterns of crime of bribery. It usually covered with the legal civil conduct to achieve the purpose of “power-for-money deal”. With the rapidly development of economy and society, a new change appears in the new patterns of crime of bribery quickly as well. In the effect of the hysteresis quality of the law, the emerging crime of bribery can not be effectively punished. In 2007,the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued The Opinions of Several Problems of the Application of Laws on the Handling of the Criminal Cases of Bribery which provided ten types of the way of bribery; made up the shortcomings of the relevant provisions of China’s criminal law in bribery crime; solved the problems of new-type crime of bribery’s defining in judicial practice; settled the disputes in theorists to a certain extent as well; and provided an important legal basis for the new-type crime of bribery’s punishing. However, parts of the provision in The Opinions of Several Problems of the Application of Laws on the Handling of the Criminal Cases of Bribery are still vague, and there are existed many disputes as well. In addition, more new-type crimes of bribery emerge continuously, which also bring some new problems in defining. The emergence of these problems still bring some difficulties to define this kind of crime of bribery in judicial practice.First of all, the paper based on the The Opinions of Several Problems of the Application of Laws on the Handling of the Criminal Cases of Bribery which jointly issued by the Supreme People’s Court and the Supreme People’s Procuratorate in 2007, analyzed and defined the several problems in the process of defining some typical new-type crimes of bribery such as transaction bribery, performance shares bribery, entrusted financial bribery and specific relational bribery. Secondly, the paper based on the practical experience of the summary of judicial handling; discussed the newer types of crime of bribery’s problems which presented in the practice process, and come up with some opinions and suggestions, for example, the affirmation of “obvious” higher or less than market price refer to the amount of larceny in transaction bribery; around China should establish reasonable range according to the development of economy; “by means of other transaction modes that facilitate the value eventually” should adds to “with other transaction mode” in the stipulation of transaction bribery; the situation of ”request or receive entrusting person is particular affiliate who obtains interest of property” should adds to the first terms of the stipulation of specific relational bribery. All of the opinions and suggestions are to perfect the understand and application of The Opinions of Several Problems of the Application of Laws on the Handling of the Criminal Cases of Bribery and to achieve the purpose that punishes the crime of bribery preferably.