A Legal Analysis Of The Case Of Xiao’s Committing The Crime Of Bribery

The crime of bribery occurs most frequently among all the duty crimes in our country and is seen as an abomination by people. It highly derogates the prestige and the credibility of the Party and the government and causes huge losses for the public. In recent years, the government has made greater efforts to strike the crime of bribery, during which a large quantity of corrupt officials have been arrested and the crimes of bribery in some fields have been effectively curbed.However, the crime has not been eliminated on the whole, and with the development of economy and society, various new types of crimes which are subtler and more deceptive than traditional ones have sprung up. Due to hysteretic nature of the law, the current situation cannot be regulated and adjusted timely and effectively, which caused lots of dispute in judicial practice. Under such circumstances, providing feasible suggestions and reference through the analyses of the typical cases may be a way to solve the problem.This paper makes a case study and a legal analysis of such acts in Xiao’s committing the crime of bribery as purchasing houses with low prices, loaning money at a high interest, and taking bribes in forms of paying prostitution fees or gambling debts, etc. Meanwhile, this paper comes up with personal views and suggestions in terms of the focused issue, aiming at making contributions for the future judicial practice in such cases.This paper is divided into three parts, namely, the introduction, main body and conclusion.The main body consists of three chapters.The first chapter introduces the case in detail as well as the bone of contention between parties of prosecution and defense. The second chapter makes a legal analysis of each focused argument one by one in the court trial on the basis of Criminal Law and its relevant judicial interpretation of crime of bribery, and makes a case study of the government officials abusing their power to purchase houses with low prices, loan money at a high interest, takingbribes in forms of paying prostitution fees and gambling debts or accepting gambling fund, in order to define whether such acts constitute the crime of bribery and how tocalculate the crime amount. The third chapter depicts the juristic consideration and legal thinking triggered by this case. Based on the above case study and analysis, this paper brings forward the existing problems in legislation of the crime of bribery, andin comparison with the legislation in Hong Kong and Singapore,it comes up with suggestions for perfecting the legislation of the crime of bribery in our country.The research focus lies in the second and third part of this paper.