Emotional Investment On Corruption Charges

On 18 April 2016,the Supreme People's Court and the Office of the Supreme People's Procuratorate jointly issued the Interpretation of Certain Questions Concerning the Application of the Law in Handling Cases of Corruption and Bribery(hereinafter referred to as the Interpretation),thus formally establishing the relevant provisions of the crime of accepting bribes on the basis of emotional investment.However,this judicial interpretation clause of the crime of bribery is very controversial.In this regard,the author from its source,the emotional investment bribery crime to start a detailed discussion.In order to make a reasonable interpretation of the crime of accepting bribes for emotional investment,and to express their views on the specific application of the law for emotional investment bribery crime.This paper mainly uses the case method,the comparative method and the literature method to write,as far as possible to make the argument sufficient and reliable.The results and conclusions of this study can be broadly divided into five parts:First,the history of the crime of emotional investment type bribery combs and the investigation of the outside world.That is,from the perspective of history and culture of "human favor" and "human favor exchange",the main reason for the crime of emotional investment bribery is to find out the change of human favor.At the same time,through the extraterri torial investigation of human relations culture,and then collated our country's legislators on human relations culture and its changes of regulatory attitude.Second,the specific interpretation and judgment criteria of the crime of emotional investment type bribery.Through a more appropriate interpretation of the specific content of its provisions,the author disintegrates the relevant issues that are disputed by the theory of criminal law from within.On the basis of this,the boundary standard of human relations with normal human relations was studied,and the"functional relevance" standard was introduced to make it consistent with the crime of bribery as a whole.Third,the amount of bribery crime of emotional investment is accumulated.The calculation of the amount of accepting bribes for emotional investment should be calculated.And the accumulative premise:it is the nature of investment bribery.On the basis of this,it is believed that the amount of bribes and the number of investments can be accumulated under the circumstances of the bribery nature of the emotional investment.The former is the difference between the same bribe-takers had received the briber property amount can be accumulated,and the latter is is the emotional investment bribery is divided into two kinds of situations,namely,investment and investment for many times.Multiple investment,even if the amount is insufficient also accumulates.Fourthly,the retroactive force of the bribery crime of emotional investment.The judicial interpretation has an independent time effect,and there are two main periods involved in the retrospective and power problems of emotional investment.After the interpretation of the provisions of the criminal law,the interpretation was published before and after the introduction of the interpretation.The former should apply"from the old to the light principle";The latter should apply to "new and light principles".And as a judicial interpretation of the terms of the crime of emotional investment type bribery,does not have retroactive effect.Fifth,the issue of statute of limitations for the crime of emotional investment type bribery.This part of the content is mainly to solve the statute of limitations for the crime of emotional investment bribery,starting from its two forms of crimes,to solve the problem of the limitation period of prosecution,and then get the starting time of the prosecution period for the crime of emotional investment bribery across the "interpretation".