Research On Transaction-type Bribery Crimes

Due to the characteristics of the crime of transaction bribery,which has the characteristics of concealment and complexity,there are many difficulties in the investigation and judicial cognizance.The judicial interpretation has made the corresponding provisions of the concept,basic characteristics and judicial cognizance.However,due to some of the details of the problem did not further explain the provisions,resulting in the identification of different standards,different sentencing scale.This article starts from the different types of transaction bribery cases,and analyzes the key issues of the transaction type of conviction and sentencing.It is discussed in four aspects,which is expected to help solve practical problems in practice.First,enumerates the Gao Zhongbao bribery case,Zhu dongsheng bribery case,and Ling jimin bribery case,and summarize the issues.Second,starting with the basic theory,from the current development of transactional bribery crime and related regulations,the crime of transaction bribery to discuss.Third,this article from the case of the controversial point,triggering the transaction of bribery crime in the judicial determination of the two key issues.On the one hand,it analyzes the determination of the amount of bribery,including the determination of the market price,the determination of the obvious low price and obvious high price,the determination of the transaction time and the recognition of the natural appreciation of the goods.On the other hand,the author analyzes the cognizance of the special circumstances of the transaction form,including the determination of the preferential promotion situation,the determination of the tendentious contract terms,and the determination of the intentional addition of the transaction.Fourth,on the basis of the above discussion,this paper puts forward some suggestions to improve the legislation of the crime of transaction bribery.