Study On The Bribery Of "Investment In Personal Relationship"

The state functionary accepts other persons' property which exceeds their relationship and the normal value range of the social relationships gifts in the time and place of the favor pattern,and there is no specific knowing that the giver has concrete petticoat entrust.This situation is called "investment in personal relationship".However,with the development of society and economy,and under the background of limited resources and administrative management,the people who seek rent power and the entruster not simply committed to the direct collusion between power and money according to the concrete petticoat entrust any more,start to convert the form of collusion between power and money,which become gifts by in the name of favor pattern as the form basis,and something of petticoat entrust that may happen in the future as substantial basis.Therefore,under the background of social transformation in China,the behavior of the state functionary accepting the property of "investment in personal relationship" is a common and multiple type of bribery crime,which dressed in a the coat of the favor pattern but did the illegal activities of collusion between power and money.However,in the case of applying the current effective criminal law,it is difficult to identify this kind of situation as the crime of taking bribes.The property of "investment in personal relationship" is an interests elements of communication,including property and property interests,which bears the two aspects of emotional function and property function.So it is necessary to make it clear that the relationship between "investment in personal relationship" and corruption and anti-corruption,and difference between the property of "investment in personal relationship" and the gift and the typical bribery.In the background of the overall national security concept and the requirements of the overall rule of law,and in order to realize the goal of deep anti-corruption and purify the political ecology,how to effectively govern the behavior of the state functionary accepting the property of "investment in personal relationship",there are two categories and four types of opinions in the theory,which are ethical condemnation opinion,administrative regulation opinion,crime of acceptance of bribes opinion and crime of illegally accepting gift.In the latest published interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Embezzlement and Bribery,it response to the type of crime of acceptance of bribes of "investment in personal relationship" in practice.The Article 13 called "investment in personal relationship" is that the state functionary asking for or accepting other persons' property worth more than thirty thousand yuan who subordinate to superior relationship or administrative management relationship,and may affecting the exercise of authority,so it will be considered as a commitment to seek benefits for others.However there are still applicable problems and fuzzy space in the Article "investment in personal relationship",and need a teaching analysis to define the scope of establishment and to clarify the applicable rules.So it is necessary to deeply discuss the constituent elements of the new interpretation and the element of seeking benefits for others.As s result,this paper think that the behavior of the state functionary accepting the property of "investment in personal relationship" should be typed as the constitutive elements behavior of crime of acceptance of bribes.We can limit the identification scope of the type of crime of acceptance of bribes of "investment in personal relationship" to prevent the over-generalization application by restrict the relationship between the giver and recipient,and judge whether the value of property has exceeded their relationship and the normal value range of the social relationships gifts in the time and place,and whether affected the exercise of authority and so on.