Judicial Determination Analysis Of Investment Cooperation Bribery Crime

It shall be guilty of taking bribe,if state personnel who take advantage of their office,for the purpose of seeking benefits for trustees,to take the entrusting persons' fund or profit in the name of co-investing or cooperating to set up a company with the entrusting persons.It is a new type of bribe-taking emerging with the market economy and paid more and more attention in both theoretic and practical field.It is featured with its elusiveness and intelligence which makes it hard to be judicature recognized.In addition,it is often confused with other criminal behaviors resulting in the difficulty in its measurement of penalty.The paper focused on its judicial determination combining theory with practice to give a deep analysis and discussed its nature through the comparison with other criminal behaviors.The paper divodes into four parts.Chapter one gives a defination on this new type of bribe-taking and analysed its feature which distinguished it from the traditional bribe-taking and summarized China's regulations on it in recent years.Chaper two centers on the Opinions on Several Issues concerning the Application of Law in Handling Criminal Cases of Bribery,and defines the two basic forms and three derived specialized forms with illustrations.Chapter three gives a further discussion on the difficulty in judicial determination of the new type of bribe-taking combined with some concerning legal theory and presents the author's opinion.Chapter four gives a furthur analysis on its measurement of penalty through the comparison with other concerning criminal behaviors.