The Qualitative Research On The Behavior Of Deceiving Trustees To Occupy The 'bribery'

The crime of corruption has always been the key for our country to crack down. The crime itself has the features which make it hard to detect and seems impossible to eliminate, such as secret illegal means, lack of necessary human and physical evidence and so on. With the development of economy and technology, duty crime constantly showing new features and new types which increase the difficulty of identification further. In recent years, there is a crime that the auxiliary police accumulate wealth by using the power of their work. Whether this kind of behavior should be attributed to the corruption crime is still controversial in practice. The particularity of the auxiliary police's identity makes it rather difficult to define the auxiliary police duty crime. What's more, it is difficult to reach a unified opinion. In order to boost on the practical work, this paper takes a real case for example, study on this real case by using the methods of legal analysis, sorts, summarizes the ideas and aims to solve this kind of cases.This paper is divided into four parts, a total of twenty-two thousand words.Part one: Basic information of the case. This part contains the causes of the case, introduction of the case, differences in opinions and the focus of controversy. The public security bureau and the people's procurator fiscal are controversial in the qualitative analysis of the case. The focus of controversy is concentrated on whether Peng's behavior can be attributed to fraud or bribery crime, a crime or crimes.Part two: Legal analysis of related issues. This part mainly analyses, summarizes and consolidates some of the theories that will affect the conviction and sentencing of the case. Including the definition of the scope of the people who are engaged in the official business in accordance with the law, the analysis of elements that the crime of fraud has contained, the mediation bribe behavior characteristics analysis illegitimate interests concept analysis, etc. Among the above problems, the author mainly on the analysis of the mediation bribe. At last, cross comparing the difference of two crimes. Through the above analysis, draw the relevant conclusions as the theoretical support of the following analysis of this case.Part three: The analysis and conclusion of the case. This part is based on the conclusions that we have got on the second part, closely around the facts of the case itself for qualitative, quantitative analysis. The part will demonstrate the theory from both positive and negative aspects. Firstly, positive analysis the rationality of Peng's behavior from the constitutive requirement. Secondly, from the perspective of the opposite that Peng does not constitute a crime of fraud on the basis of the constitutive requirements. Both sides of the argument eventually rule out Peng's possibility in constituting a crime. Then we get the conclusion that Peng's behavior constitutes a mediation bribery.Part four: Enlightenment from the study of this case. This part mainly involves the theory and practical enlightenment that the author has obtained from the summary of legal issues and practical problems in the case. Firstly, the author thinks that “for others to seek illegitimate interests” have been stipulated for the elements of mediation bribery will limit the scope to crack down this kind of crime. So the author thinks it should be re-interpreted. Secondly, there are some of bribery cases that have something in common with fraud cases. For this kind of crime, although the offender uses some means of fraud, it is not a general economic crime.