Judical Determination For The Bribery Of Co-investment

As China's economic and social development,political and economic system reform,the crime of bribery showed some characters.Comparing to the traditional bribery,they are indirect,complexity,fuzziness and avoidance of the criminal law.Considering that,The Supreme People's Count and the Supreme People's Procuratorate joint enacted the judicial interpretation “ Suggestions about the Application of Law When Dealing with Cases with Bribery”(“Suggestions”in short)in July 2007.Suggestions listed dozens of current forms of trading power for money which are difficult to be defined as bribery and proposed new challenge against the strike of official crime by setting up the standard of justice about nature and amount of bribery.This article is based on bribery of co-investment which is declared in article 3 of the Suggestions.At first,it explains the basic concept,meaning and basic features of bribery of co-investment. And then it explains the difficult problems in detail,In these bribery crime, criminals often use the civil and commercial legal form to do bribery crime.Bribery content is exceeded the stipulated in the criminal legislation of "property" and "property interest" category. Because of the legislative blank, a lot of bribery crime escaped punishment by law, and it is hard to achieve the effect of punishing crime.From the point of view what it ought to be,”property”of all kinds should be the contents of ”bribe”.In dealing with the new type of bribery crimes,temper justice with mercy should be applied in order to reflect the fair administration of justice and authority.The scope and measures of bribery should be extend.In order to strengthen the effect of inhibition to the public service corruption,the scope of bribery should extended to improper benefits and “seek interests for others”as the element in the bribery crime should be canceled.