| In recent years,continued along with our country anti-corruption high-pressure situation and key areas to increase efforts to fight corruption and bribery crime also presents new characteristics of the new trends,especially the bribery objects relating to the national staff and non-state staff phenomenon is relatively common,criminal means diversification,crime is more concealment and bring the bribery crime investigation and combating new challenges.Based on this,this paper combines with a controversial case,the case of bribery of Wang,and the two sides have a big dispute on whether the specific behavior involved in the case constitutes a crime,this crime and that crime.Therefore,the author combined with specific engineering project involved the behavior nature from the bribery crime constitution positive analysis or analysis is backward reasoning of master-slave of bribery object,and put forward their own point of view,in order to better understand the line,bribery crime related law and judicial interpretation,for accurate qualitative such cases in the judicial practice to provide some reference ideas.This paper is divided into three parts.The first part,the brief introduction of the case and the focus of the dispute.This paper mainly introduces the situation of the persons involved,the case history of the three engineering projects involved,the charges made by the public prosecution organs,the opinions of the defenders,the facts ascertained by the court and the verdict.By analyzing the case of the specific engineering project involved in the case,and combining the viewpoints of both sides,the author summarizes the dispute focus of the case.The second part,the application of law and case analysis.The first is a brief introduction of the current law and the mainstream of jurisprudence,including the current law,judicial interpretation,different views on jurisprudence three aspects.Second,by focusing on the focus of the dispute,combining with the specific identification of the elements of the constitution of crime,crime and non-crime,the subject of the crime,and other aspects of the subject of the dispute.The third part,thinking and Suggestions.Thinking: first,thinking about the existing problems of "seeking illegitimate interests" in bribery crime;The second is to consider the non-legal functions and powers of position convenience,work convenience and other related issues.Suggestions: it is suggested to expand the scope of "seeking illegitimate interests" appropriately;To identify relevant recommendations on the use of office facilities. |
