How The Nature Of Bribery Intention And Bribery Act Separated By Company Establishment Should Be Determined

In judicial practice,there are many doubts in identifing a person's bribery and bribery separation after the establishment of the company.There is a doubt in whether it is individual bribery or unit bribery.And there are some controversial differences in confirming the number of bribery crime in the judicial practice.In the specific case appeared in a very different verdict,the judicial credibility of the adverse effects.Therefor,this thesis takes an example for a typical case at the moment,based on the subjective and objective elements of bribery and unit bribery,make a standardized analysis on several bribery conduct between different subjects in the case and clear the nature of their behavior and the number of crimes,finally,we obtain the inspiration of handing such cases.The article is divided into four parts:The first part is “The basic introduction of the case”,Which county pig farmers Jiang for a raise pig breeding subsidies bribery to the county Development and Reform Commission.Through the case introduction of the party of the bribery case and in the same offense after the establishment of the company.Sumup the different opinions on this question:The case of Jiang's bribery is constitutes a crime of bribery or unit bribery;The party of the bribery case constitutes a crime or a number of crimes;the amount of crime in this case?And summed up the controversy in this case focus:How the behavior of bribery and behavior separation should be qualitative before and after the establishment of the company.The second part is “Legal Analysis”.After the first part,we described the legal issues involved in case in detail.Firstly,exploring the crime of bribery and unit bribery crime respectively,and we sum up the qualitative dispute of bribery crime and unit bribery crime and sort out two standards:subjective will of bribery and the attribution of interest to the unit or individual;Secondly,analyzing the nature of the bribery behavior of one share company;Finally,combining with the bribery case,analysis of the characteristics and nature of behaviors of bribery and behavior separation of the company.The third part is “Analysis and Conclusion of The Case”.We draw the relevant conclusions.Firstly,the subjective will of second act II is made by the party of the bribery case rather than by the company,The bribery behavior is reflected in personal will;The objective form does not reflect the organization of the unit and finished by personal;The attribution of interest belongs to the company,but the company is owned by the party of the bribery case and his wife and which can be expected that the benefits will eventually be controlled by his own.In summary,the author identified the behavior of two as bribery rather than unit bribery.Secondly,judging the Crimes of Two Bribery Behavior by Jiang,we can found that bribery's two acts constitute the Criminal Law Article 389 of the crime of bribery constitute a crime,not a typical crime.But which is a crime essentially.And according to the bribery of the two acts of bribery in line with the behavior of continuous acts,that is to say,two acts are based on the same offense and the two acts are continuous in the subjective and objective aspects.So we can identify the behavior constitutes a continuous crime of bribery in this case.Finally,in view of the above analysis that we can make a conclusion of the amount of bribery crime.The Last part is the “Enlightenment of This Case”.Combined with the previous theoretical analysis and practical analysis to draw convincing conclusions and put forward our opinions.Looking forward to playing a reference roleto the future similar cases.First of all because there is no clear legal provisions and bribery and unit bribery that the standard is not unified in the law that the bribery and the implementation of behavior separation of the company before and after the establishment of the behavior of judicial practice often different conclusions,through the study of similar cases.The second is that China has not yet promulgated a clear legal or judicial interpretation to determine that the act belongs to the crime of bribery or unit bribery,.In order to improve the bribery and behavior of the separation of the company before and after the establishment of the behavior of the relevant legal and judicial interpretation.