Criminal Analysis Of National Staff Gaining Premium From Reservation House

With continuously strengthening anti-corruption efforts,the manners of bribery crime also renovate ceaselessly.And they become more and more hidden.Therefore,it is difficult to find these kind of crime.Sometimes,even finding the crime,it is not simple to affirm.Such as bribery in commercial transactions.In 2007,although the supreme judicial authority issued corresponding judicial interpretation to solve this kind of problem,but it is still hard to grasp in judicial practice.In this dissertation,we try to confirm this kind of crime judicial rules by analysis the case of Wu's bribery in commercial transactions.This dissertation consists of four parts,and is about 20 thousand words.In the first part,some descriptions,such as the basic situation,the disagreements and disputing focus of Wu's case,are stated.The focuses of disputation are about the qualitative problems of Wu's behavior and the bribes.The disagreements of the qualitative problems are two major types.Someone think that Wu's behavior,which is a normal real-estate investment,does not constitute any crime.On the contrary,the others think that Wu's behavior is pretended to be an investment to cover the crime.In the same time,there are two kind different opinions about the sum of bribery.One think that the sum of bribery is five hundred thousand RMB.The others think the sum of bribery is the difference of five hundred thousand RMB and the house appreciation.In the second part,the legal analysis of the problem related to case is done.It consists of interpretation of bribery constitutive requirements,the difference between bribery in commercial transactions and normal trading behavior and the sum calculation and the confirming analysis of bribery.In this part,the essential difference of bribery in commercial transactions and normal trading behavior is illuminated.And the difference of preferential price and the market price is described.And the affirmation time point of market price and the affirmation of new house and second-hand house price are showed.In the third part,the conclusion of the case research is done.Through analysis,it is considered that the defendant,Wu,constitutes bribery crime,and the bribery amount is five hundred thousand RMB.In the four part,some research revelation is revealed.Whether in legislation or judicial practice,the conducts of bribery in commercial transactions exist some questions.Therefore,two research revelation are obtained.Firstly,in legislation,the judgement standard of obviousness should be quantification.And the supreme judicial authority can give a quantification of relative proportion or absolute amount.On the same time,discount shopping should not be specific person,in order to reduce controversies,and the difficulties of the definition.Then,in judicial practice,the essential of bribery crime and the difference of bribery in commercial transactions and normal trading behavior should be grasp exactly.In that way,the bribery can be fight rigorously.