The Legal Analysis Of Zhang's Mediatory-bribe Case

As a new form of bribery crime,the legislation and judicial organs of our country have already had a relatively complete theoretical cognition and judicial practice to this type of crime.But there's no denying,there is still much controversy about the elements of this crime in the Academia of criminal law.The struggle against corruption in China is now at the critical stage,this type of crime are more than ever before,and the amount involved is also greater.The people involved in the crime,whose means of committing crime are frequently different,ever-changing,and more concealed,which in order to escape the legal sanction.In turn,The investigation Department,the public prosecution department and the judicial organ still have different opinions on qualitative and understanding of the case.This paper uses the method of literature research and comparative analysis,which is based on the relevant provisions of China's current criminal law and criminal law theory.The purpose of this paper is to summarize the relevant provisions of the current law on the mediate bribery.Based on the pertinent literature the case of Zhang is analyzed by the criminal law.This paper clarifies the relevant legal issues involved in this case,Puts forward my own views on the case of the levant disputes.Based on this,it gives some perspectives on perfecting the criminal legislation in China.Specifically,this paper consists of three parts except introduction:Part one mainly illustrates the case of the basic facts of the case,lists the relevant evidence,and aims at the focus of controversy in this case.Part two bases on the theory and the judicial practice,analyzes the related issues on the first chapter,and puts forward my own views on the case.Part three gives some perspectives on perfecting the criminal legislation in China,which based on the analysis of this case study.The research focus of this paper is to analyze the issue of the dispute focus and the application of law in Zhang's bribery case.It mainly includes the constitution of the crime of mediate bribery and the boundary between the crime and other crimes,the determination of the amount of money involved Tasteful Bribery,and the identification of transaction type bribery,etc.The author agrees with the viewpoint that Zhang who constitutes the office of mediate bribery,and Lu does not constitute the crime of taking bribes by the cognition error.It puts forward four suggestions to improve the legislation of bribery crime in our country.