Research On Emotional Investment Bribery Crime

With the increase of anti-corruption efforts,corruption has also undergone new changes,showing more complexity,concealment,deceptive,manifested as packaging bribery,confused with civil activities,dressed in legal coat.The most representative bribery is emotional investment.The theoretical circles have different views about whether the emotional investment constitutes a bribe,whether it meets the requirements of bribery for the benefit of others and how to identify it.There are also many difficulties in the practice of conviction and sentencing.In order to solve these difficult problems,this paper analyzes and summarizes a large number of documents and cases,and makes a detailed discussion on the bribery of emotional investment,combined with the latest judicial interpretation issued by the Supreme People's Court and the Supreme People's Procuratorate,hoping to give the relevant judicial practice to provide some help.This article is divided into four parts,starting from the definition and characteristics of emotional investment,and next elaborating several qualitative disputes of accepting emotional investment,and then analyzing the legal basis of the crime of bribery in the four aspects.Finally,in order to solve the problem of bribery crime,the article put forward a legislative proposal,that is to delete seek benefits for others element.The first part discusses the concept and characteristics of emotional investment and makes a brief distinction between several qualitative disputes about emotional investment behavior.The most typical performance of emotional investment behavior,which is characterized by continuity,one-way,hazardous and so on,is to send property without any claim in the special occasion such as marry,weddings,funerals and festivals.The second part proves the correctness of making accept the emotional investment as bribery from the four aspects:ancient and modern legislation,the nature of bribery and the constituent elements and judicial interpretation,which explains in detail two provisions of the latest judicial interpretation in 2016.The third part discusses the issue of judicial recognition of emotional investment bribery and distinguishes it from gift giving.This part puts forward five factors that need to be referred to in the case of emotional investment bribery: job relevance,valence,social equivalence,reciprocity and mutual relationship.The fourth part introduces the two ideas and the advantages and disadvantages of theamendment of the crime of accepting bribes: set crime of accepting cash gifts or deleted seek interests of others.The author's point of view is to delete t seek interests of others and make it as a reference to sentencing.