Xumoumou Suspected Of Bribery Of State Personnel Case Analysis

The crime of bribery and the crime of bribery of non national staff are the most common type of corruption crime,the crime is visible two identity between the two,the main difference is the identity of the subject of the crime is different.With the development of our market economy,the restructuring of state-owned enterprises,the successful restructuring of large state-owned enterprises into state-owned holding or the shares of the joint-stock company.In the company after the restructuring,personnel identity has changed,some still having,the national identity,while others become ordinary employees.Then in the event of bribery cases,because this kind of crime mostly belongs to the crime of identity,the subject of crime in the requirements is very clear,and the laws and regulations are not perfect and other factors,in the judicial practice,how to judge the cases,become questionable,whether the identity of national staff,the end of whom is still taking bribes should be subject to non national staff of bribery prosecution,plagues many judicial personnel.Therefore,wherever in academic or in the criminal law practice,the right approach to clarifying the difference between the two crimes has become important and significant.This article starts with the analysis of Xu Moumou bribery case,introduces several similar cases and demonstrates it together.On the basis of legal theory and relevant laws and regulations,the essence of the case is thoroughly analyzed,and the difference between the two crimes is correctly clarified.The focus of Xu Moumou bribery case dispute mainly has three aspects:firstly,Xu Moumou accepting 1 million RMB of Luoyang Zhanjiang railway project Department of Yongzhou what crime it would be decided on.Second is how to identify the status of Chinese staff members in non state owned enterprises.Through the definitions of state-owned enterprises,state-owned enterprises and state invested enterprises are different,the scope of national staff,personnel engaged in official business scope,comparative study and other factors constitute the crime of bribery and the non national staff of bribery crime,combined with Lan Moumou intentionally destroying accounting vouchers,accounting books,corruption,bribery case,Zhao Moumou bribery case comparison,the following conclusions can be drawn:Xu Moumou as a state invested enterprise employees tiesiyuan,using the design of his office,accepting the contract unit of Luoyang Zhanjiang railway project Department of Yongzhou 1 million yuan,seek relevant interests,for its huge amount,should be in a non national staff of bribery conviction and sentencing.Through the analysis of Xu Moumou bribery case,we can come out in the process of state funded enterprises in the case of corruption,because the The special nature of the enterprise,should be strictly limited to the scope of national staff,firmly grasp real elements of The designation of organizations that supervise and manage state assets,and formal requirements of engage in public affairs,not beyond the testimonies,continue to overweight,blindly from a serious blow,but should adapt to the crime and punishment when incrimination.