The Research Of Entrust Financing Type Bribery Crime

Trust management model of bribery is a new type of bribery crime nowadays?Although this kind of crime in nature is still a "selling" behavior, but because of its often in the process of implementation of legal form of entrusting to hide their illegal purpose of "using power trade",So compared with the traditional sense of the bribery crime more concealment and complexity. In order to prevent and punish such a crime, The supreme people's court, the supreme people's procurator ate jointly issued on July 8, 2007 "about to deal with bribery criminal case opinions on some issues of applicable law"(hereinafter referred to as "opinions"),Article 4 of the entrust financing type of bribery crime in judicial practice specifically for the acknowledgment. In this paper, based on the "opinion" of the regulation, analysis and comparison type entrusting the difference between bribery and legal investment behavior, Through the combination of theory and practice, judicial practice about solving that entrusts financing type of bribery, And draw lessons from foreign experience, from the legislative level Suggestions proposed solution involved the entrust financing problems of bribery in the judicial cognizance.The first part focuses on the concept of entrust financial and legal relationship is analyzed, the background to entrust financing type bribery formation, and the components of the in-depth analysis of entrust financing type bribery, bribery from the subject, subjective aspect, object, objective aspect deep analysis, essentially know entrust financing type of bribery.In second part briefly introduces the proper investment behavior of the behavior factor, based on this type of entrusting bribery is compared with proper behavior in financial investment.The third part analyzes the type that entrusting bribery in the judicial practice in the following five kinds of typical problems and solution. "For a significantly higher investment income due to subjective cognition of";"For the benefit significantly higher than the earnings due to the" significantly higher";"QingTuoRen will not give money to invest or no financial qualification"; "The beneficiary information in person";"Receive guaranteed income but not bear the loss situation".The fourth part for many problems in judicial practice bribery exists entrust financing. In this paper, from the criminal legislation on perfecting, by removing "seek interests for others" and other unnecessary restrictions, draw lessons from foreign legislative experience, expand the scope of "bribe", all the illegitimate interests are included in the scope of criminal law to crack down on. Through to ban the death penalty and qualification penalty and property punishment, the act of punishing corruption and bribery to reasonable configuration, relieve punishment.