Legal Analysis Of Yin Moumou's Bribery Case

Bribery crime is the most important form of duty crime and is also the focus of our country's anti-corruption crackdown.In recent years,with the continuous development of the market economy,bribery crimes show a diversified development trend,and the types and methods of bribery and bribery are more abundant and hidden.Legislators need to constantly adapt to the needs of social development and perfect the legislation and judicial interpretation of bribery crimes.In this case,by analyzing typical cases,the new bribery crimes are analyzed,and their own opinions are put forward,providing feasible ideas and reference opinions for judicial practice,which is a way to solve the problem.In this paper,the author personally experienced a ShengJiWei investigation of the Department of Communications project as a case,the defendant Yin Moumou involved in the case of five bribery legal analysis,to clarify their views.This article is divided into three parts:In the brief introduction of the case and the analysis of the focus of the dispute,questions are raised separately.Based on the analysis of the facts of the case of Yin Moumou,former deputy director-general of the communications department of a province,this paper summarizes the disputes between the prosecution and the defense during the trial of the case,and concludes that the main issues in dispute in this case are whether the five bribery acts of " buying a house at a low price"," borrowing at a high interest rate"," reward after work"," paying for the maintenance of a mistress" and " accepting the emotional investment of others" constitute bribery crime,and how to determine the amount of crime of bribery crime.In the part of bribery dispute determination and analysis,analyze the problem.From the perspective of the crime constitution of bribery crime,this paper makes a theoretical analysis of the five bribery acts shown in yin mou's bribery case,i.e." buying a house at a low price"," borrowing at a high interest rate"," rewarding after work"," paying mistress maintenance fee" and " accepting other people's emotional investment".combining with the criminal law and relevant judicial interpretations,it makes clear that the above five acts conform to the crime constitution of bribery crime.Based on judicial practice,this paper analyzes how to identify the amount of bribery of transactional bribery,high-interest loan bribery and power-money transaction bribery,determines the corresponding identification standards,and analyzes the retroactive effect of emotional investment bribery.The thinking and suggestions raised in this case partially solve the problem.Based on the cases and the above analysis,this paper puts forward the difficult problems in the determination of the scope of bribery in the current criminal law and judicial interpretation of our country,and explains the reasons for bringing non-property interests into the scope of bribery.The bribery of non-property interests conforms to the essential characteristics of bribery.Bringing it into the scope of bribery not only conforms to the principle of modesty in criminal law,but also is necessary for the party and the country to promote the anti-corruption work.Finally,it analyzes the conditions for bringing non-property interests into the scope of bribery and proposes how to perfect the legislation.