Case Study Of Wang's Bribery And Fraud Crime

There are three focuses of controversy in Wang's bribery and fraud case.The first controversy is,whether the fact that Wang received 1 million yuan from Li constitute a crime.There are two views.One is that the one million is improper profit according to civil law.The other is that it is a crime.The second controversy is,what kind of crime it is that Wang received one million yuan from Li.There are four views:it should constitute bribery;it should constitute the crime of collusion;it should constitute a crime of fraud;there are several crimes,and Wang 's behavior constituted a conspiracy to bid for the crime of crime and fraud.The third controversy is,whether Wang's confession that he received 30,000 yuan from Wang Moumou constitutes a voluntary surrender.There are two opposite views.Wang together with others made fictitious facts,tricking Li to believe them and disposed his property.Wang and others obtained Li's property for themselves,and the behavior is clearly criminal.The one million should not be recognized as unjust enrichment in the civil law.Wang did not deliberately take bribery.Li did not have the intention to bribe Wang with one million yuan,and neither did he act the fact of bribery.It is improper to define this as a bribery crime.Wang was not a bidder,nor the tender.He did not have the main qualification of collusion.Although the normal bidding behavior was affected by Wang,Li and Wang Moumou,but there is no collusion between the bidder Wang Moumou and Li.Wang did not help to implement the behavior of collusion bidding.Therefore,Wang's behavior does not meet the elements of the crime of collusion,and Wang's behavior does not constitute the crime of collusion bidding.In order to illegally possess Li's money,Wang together with others made fictitious fact that Wang Moumou needed to be paid.Li believed that and paid one million yuan.Wang and others did not pay the money to Wang Moumou as they told Li.Instead they took the money by themselves.Wang and others acted in line with all the elements of the crime of fraud.The act constitutes only one crime,fraud,and does not constitute the Crime of Collusion in Bidding.Wang receiving one million yuan is an act of fraud.Wang bribe Wang Moumou with 30,000 yuan is bribery.The bribery is fact that the judicial authorities have not grasped.Wang truthfully stated the case,and it is in line with special circumstances surrender.It should be voluntary surrender.