Barriers And Breakthroughs: The Amount Of Transactional Bribery Study Find

In 2007 the Supreme People’s Procuratorate issued "on the handling of criminal cases of bribery applicable to a number of legal opinions", enumerated the ten new bribery offense, the first is transactional bribery. "Opinions" eyeing the national staff by trading the use of authority in order to gain "difference" conduct transactions seek benefits for others, and specifies the amount of crime that standard. However, the "Opinions" Content provided relatively vague, since the introduction of the date that is accompanied by a variety of interpretation and criticism. These different perspectives and there is no mutual absorption and inclusive sublimated into a decisive conclusion, but in practice makes it difficult to identify deeper into transactional barriers in the amount of bribes. This paper will combine theory and practice, presents and analyzes the amount of transactional three important issues identified in the controversial bribery, looking at how the standards and judicial practice transactional amount of bribes identified in the applicable fit method, in order to break through barriers. This paper attempts to study the following ways:The first part introduces three important disputed issue amount of bribes identified transactional: transactional amount of bribes identified benchmarks controversy, based on the market price as determined benchmarks, or at cost price as the recognized benchmark; there on the market price of the transaction controversy, "transaction" market price as well as how to identify what is "transaction"; In addition, for the "opinions" about "apparent deviation from the market price" of that, the current theory and practice circles absolute amount that the proportion of said proportional plus the total amount of said subjective criteria that the costs and other dispute said. I will elaborate individually.The second part of the transaction type disputed amount of bribes identified three key issues for analysis: analysis of transactional reference amount of bribes identified problems; analyzing market price and the market price determined with time issues; on the "apparent deviation market price " analysis of each point of view and thinking.The third part, the amount of the author of the bribery transaction type identification reference standard, time transactional bribery amounts recognized standards and criteria transactional bribery amounts to choose, and to explore how concrete application in practice, in order to break through the judicial practice The barrie.