On The Relevance Of "Power And Money Trading" In Bribery Crimes

The nature of the crime of bribery is bribery between the "public right" and"private" bribery "to form a relationship between public interests blasphemy",the national staff or state-owned units to sell public power for individual interests,opposite party to deliver illegal benefits to "buy" public power for the benefit of the individual.The process known as "exchange of power and money".In the bribery crime,whether it is typical of the bribery crime and bribery,or atypical influence the use of bribery and bribery crime,common throughout these charges is behind it all around "exchange of power and money",but because the main body of bartering is different,different,different objects thus,various charges of bribery subdivision at present.It can be said that the "essence of money" is not only the crime of bribery,bribery crime is all the proper meaning.Overall,bartering the relevance of features for bribery cases has two functions:first,to the outside,the bribery criminal law eighth chapter of the crime and the criminal law of other sections of the charges of distinction;second,on the inside,to clearly define the various charges of bribery criminal law eighth in the chapter of crime,through the analysis of objective facts in the "exchange of power and money,to accurately grasp the specific forms of conviction and sentencing.The so-called time between the exercise of authority and accepting property,that is,the time between the state staff to use their positions to seek benefits for others and accepting bribes from others(give property)between the time correlation.The crime of bribery is around "trading power for money","money"in must be accompanied by a bribe for both "exchange of power and money" purpose,namely bribery party knowing the receipt of the goods is derived from their use of power to seek benefits for each other(including the legitimate interests and illegitimate interests);bribery party knows they give each other property is that the other party by taking advantage of their corresponding interests for themselves.The correspondence between the exercise of powers and accepting bribes,bribery refers to the party accepting property is the use of his office for the benefit of others(including illegitimate interests)based on behavior,and bribery reason to give property in order to obtain the national public power is based on its interests with.Bribery is a bartering corruption crime,but in social life,for exchange of interests in addition to cash items but there are many other non property interests,there is no doubt that this kind of exchange of interests also damaged state functionaries of noncommutativity and national integrity order.