Types And Conviction Criteria For The New Forms Of Bribe-taking Crime

With the development of China's economy,bribery cases are spurting with a high incidence.Besides,changes in economic modes have resulted in many new ways of bribery.Some corrupt officials have been “studying” the “investigation modes and case-handling style” of procuratorate in combating corruption and taking anti-investigation actions accordingly,especially in these years.Meanwhile,comparing with the traditional ways of bribery,these new ones are more covert and complex and some of them are even concealed and mingled in normal civil and commercial acts,which make it difficult to cope.Therefore,the Supreme Judicial Court and Supreme Procuratorate issued jointly Guidance for Several Issues concerning the Application of Law in the Handling of Criminal Cases of Accepting Bribes,to provide legitimate basis for combating new bribery.The author took several controversial issues of new bribery judicial cognizance as subjects and made a study with some relevant practical cases.This paper is divided into three parts and its main contents are as follows:The first part introduced and proposed the concept,features and study significance of new bribery crime.Under the circumstance that investigation modes and methods cannot deal with the new types of bribery,this part is of a larger importance.In the second part,the author defined several new types of bribery in real life,including transaction-type,entrusted financing-type and gambling-type and so on.At the same time,the author analyzed and studied some relevant cases and presented his own views about the difficult and controversial points in handling these new type bribery cases.In the third part,the author made his personal points about the refining of new type of bribery,i.e.to expand the scope of bribery objects and change the way of measurement of penalty and evidence verification,thus to build a solid legal basis for combating corruption crimes.