The Act Of A State Functionary Borrowing Money From An Interested Party Is Defined As A Case Of Taking Bribes

In the new situation,with the change of the times,the development of the society and the change of human nature,various kinds of new bribery crimes emerge in endlessly.At present,all kinds of job-related crimes have new characteristics such as complex subject,ambiguous conditions,diverse forms,peculiar ways,changeable contents and difficult to identify nature,which are beyond defense.Therefore,the amendment of criminal law focuses on this type of cases very much.However,bribery cases are still prohibited repeatedly,which is undoubtedly against the original intention of legislation.It is no doubt unreasonable to determine the punishment intensity of crime simply by the amount.How to define the cognizance conditions of bribery crime and formulate a relatively reasonable criminal law sentencing system are the key problems to be solved urgently.Although the bribery crime and the social development of our country tend to develop synchronously,from ancient times to now,it is a kind of frequent crime,and it has always been the key object of theoretical and practical research in the criminal law field of our country.From the criminal law amendment issued in recent years,we can see that there are as many as six articles related to bribery,but the way of bribery is showing a diversified development trend.In recent years As a new form of bribery,loan-based bribery widely appears in the judicial practice.There is a wide controversy in the theoretical circle about whether the loan-based bribery constitutes the crime of bribery.In this paper,the author will elaborate and analyze the crime of bribery through case study and point of view display,and make a systematic analysis and comparative study of the crime of bribery,and finally clarify the nature of "loan-based" bribery.On the one hand,it can broaden the vision,improve the understanding and thinking of the theory and system of criminal law at home and abroad;on the other hand,it can provide reference and reference for solving the difficulties in judicial practice.