The Research On Judicial Determination Of Dribery Crime In Construction Cngineering Field

In the early 1990s,the construction engineering industry has developed rapidly under the background of a market economy development model implemented by our country.Huge capital and personnel inputs have made the industry prosperous.However,more macro-control policies has been adopted in this field so that many legal problems occurred in the operated process of this field.In the past two decades,economic crimes and dereliction crimes have taken place continuously,which were exposed in major engineering safety accidents.Among them,corruption and bribery crimes are particularly prominent in the construction engineering.There are many commonalities in general bribery crimes and bribery crimes in the field of construction engineering.However,this field is more comprehensive so that there are also some unique and difficult problems in the identification of bribery.The first one is the distinction between the personnel engaged in collective affairs and those engaged in national public affairs under the existing land ownership system;The second one is how to identify the behavior of the property by using the professional qualifications and skills related to the projects;The last one is the identification of intermediary behaviors involved in the stage of project application,such as the identification of introducing the projects for receiving remuneration,etc.A sample case base was established by quantitatively collecting judicial cases from the Judicial Document Network.The empirical analysis and exemplified analysis were adopted to summarize and analyze the focus problems of bribery crime identification in this field.Combined with the existing criminal law theory at home and abroad,the categorization study on related issues of theory and practice was carried out to explore the principle of judicial identification of bribery crimes in this field.The identification of basic elements of commonality should be combined with the general theory of current laws and bribery crimes,and the specific and typical problems in the field should be analyzed in details.The personnel engaged in collective affairs and national affairs should be distinguished from the perspective of the source of power of the actor to define the publicity and autonomy.The key to distinguishing between the use of professional competence and the use of public position to acquire the property should be combined with the subjective and objective conditions of actor at that time,considering whether professional inputs and benefits are reasonable and the subjective willingness reflected by the actor in the dynamic process.For the identification of intermediary actions such as the introduction of project,specific cases should be considered.In addition,the correlation and influence of position and property acquisition should be comprehensively considered.