Research On The Related Problems Of Transaction-Type Bribery Crime

The Supreme People's Court and The Supreme People's Procuratorate published a judicial interpretation named "For accepting bribes on the law applicable to a number of criminal cases views on the subject"(hereinafter refereed to as "opinions")together on July 8,2007.And the opinions provides for the crime of transaction bribery.The paper analyses several problems of the transactional bribery in practice from the conception and the feature.The article is divided into fouir parts:The first part of the paper discusses the conception and the feature of the transactional bribery from jurisprudence and get the result of the nature of transactional bribery is accully powder-money transaction.Meanwhile,The paper studies the crime of transaction bribery in a criminal element that distinguishes.it from traditional crime of bribery on the special.The second part mainly studies the feature and display form of transaction bribery.The feature display that the uneaqul transaction and formal legal,substantive illeal.The paper analysies that transaction objection is not eaqaul bribery objection.Through this discussion,the transaction bribery can be divided into three forms:first,purchasing any house,automobile or any other item from such a person at a price that is obviously lower than the market price;second,selling housing,automobile or any other item to such a person at a price that is obviously higher than the market price;Third,accepting illegally an item from a person in any other form of transaction.The third part mainly discusses the difficult problems that meet in the judicial practice.and it is also the focus of this article.In this article,logic analysis,practice operations,such as cases of analytic perspective on that,make sure that market price is the base of the bribery price and when is the transaction point.In the judgment of "significantly below"and "significantly above" should be combined with the relative proportion and absolute mount of standard.In that shopping is not for bribery,two conditions must adhere to,first,conditions must be set in advance,two conditions must be not directed at a specific person.The fourth part mainly proposes the Supplements and amendments for the "opinions"imperfections.Including suggestions on legislative proposals and suggestions on judical.Formulating rules on recovering illegal income that happened in transactional bribery crimes and expanding the scope of transation objects are legislative proposal.The second is in terms of the transaction provides for an increase in "non-specific" this condition.The third is not for the registration of ownership changes in the behavior of both attempted bribery standards and the method of calculating the amount to provide certainty.