Identification Of Accomplices In Bribery By Specific Relevant Persons

Since the party 's 18 th National Congress,building a clean government has become a topic of common concern to the whole society,and bribery is the most common behavior in corruption crimes.In recent years,China 's rapid economic development and the increase in people 's material needs have received bribes.The forms and means of this have also been constantly updated and changed,and new types of bribery crimes have gradually entered people's perspectives,of which the more prominent ones are bribery cases involving specific stakeholders.In such cases,due to the particularity of the relationship between criminals and the complexity of criminal behaviors,judicial personnel not only face resistance when investigating bribery cases,but also have certain difficulties in applying the law.On the one hand,because people with a specific relationship live together and share wealth with the national staff,the two are closely related,making it easier for them to communicate and act together.On the other hand,after the case,the state staff always denied their bribery on the grounds of ignorance,and certain related parties also denied the subjective intention of joint bribery on the grounds of no conspiracy,which made it difficult for judicial case personnel to be accurate.It is difficult to distinguish the conditions under which a specific related person constitutes a joint crime,and under which conditions to commit a separate crime.In order to punish bribery criminal activities in accordance with the law and promote the continuous deepening of the anti-corruption process,in 2007,the two high schools jointly issued the "Opinions on the Application of Laws in Handling Criminal Cases of Bribery"(hereinafter referred to as "Opinions").Article 7 stipulates the issue of bribes accepted by specific parties,and Article 11 stipulates the scope of specific parties.The reason why the issue of accepting bribes by specific parties is raised because with the development of society,in judicial practice,the methods of crimes related to duty tend to be indirect and concealed,the subject of bribery tends to be diversified and grouped,and the specific parties The issue of taking bribes is included in the judicial interpretation,which not only serves as a warning for people around the state staff,but also provides law enforcement personnel with a clear basis for law enforcement to a certain extent,avoiding the inability to comprehensively fight crimes during judicial trials.However,in the "Opinions",although the scope of specific related parties is involved,the scope of the scope is not specified in detail,and the provision of conspiracy between actors is also not clear.Therefore,judicial personnel in judicial practice There are differences in the scope and identification of the conspirators and other issues.Due to the different standards when dealing with such cases,it is impossible to accurately crack down on criminal behavior,which has affected the crackdown on such crimes and caused adverse social impact.Reduce judicial credibility.In short,the accurate determination of the involvement of a particular person in taking bribes gives criminals no opportunity to take action.Only by precisely and effectively combating such crimes can the goal of curbing corruption be truly achieved.In addition to the introduction and conclusion,the text is divided into five parts:The first part is the question.The author takes the typical case of Luo Fei's bribery case in the "Criminal Trial Reference" as an entry,briefly introduces the basic case of Luo Fei's bribery case,and explains the controversy in this case based on the situation found by the court and the result of the judgment Whether the specific relationship between the person and the state staff member Zhang Shuguang can be an accomplice in the crime of taking bribes.Starting from the controversial focus of this case,it leads to the disputes in the criminal law community about whether a specific related person can constitute a bribery accomplice with state personnel,the problems in the judicial practice of the establishment of a specific related party accomplice in bribery crime,and how to identify a specific related person and Issues such as the establishment of accomplices in bribery crimes by state staff.The second part is an overview of the establishment of accomplices of bribery crimes by certain related parties.First,the concept of bribery crime is summarized,the legislative evolution of bribery crime is explained,and the crime composition of bribery crime is analyzed and explained according to the four elements of the crime composition;afterwards,the legal regulations for the establishment of bribery crime accomplices by specific related parties are summarized Non-state staff participate in the phenomenon of bribery of state staff,that is,in the 2003 "Minutes of the National Forum on the Trial of Economic Crime Cases",which provides for this and punishes them for the crime of bribery.It is only after passing on the matter of request that it can be considered as an accomplice in the crime of bribery.It also elaborates the provisions concerning the determination of the establishment of accomplices of bribery crimes in the 2007 Opinions,and no longer stipulates that non-state staff must convey the entrustment matters to constitute accomplices of bribery crimes.The third part is the controversial view of the establishment of accomplices of bribery crimes by certain related parties.There are different views as to whether a specific person can be an accomplice to the crime of taking bribes,which is summarized as affirmative and negative.First of all,it must be said that from the perspectives of the revised criminal composition,the relationship between the general provisions of criminal law and the sub-rules,as well as the specificity and openness of the identity object,it is believed that a person with a specific relationship can constitute an accomplice to the crime of bribery.Secondly,the negative view analyzes from the legal principle of crime and punishment,the criminal law stipulates that the crime of bribery is a typical identity offender and the nature of the behavior of the offender.Certain related parties cannot be accomplices of bribery.Finally,the author separately analyzes the affirmative and negative opinions,and advocates the affirmative opinion.The author believes that although the specific related person does not have the status of a national staff member,he can still form an accomplice with bribery crimes.The fourth part is to elaborate on the problems existing in the establishment of accomplices of bribery crimes by certain parties.First,the scope of the specific relationship is not clear.Secondly,there are different views in the academic community on the manner and timing of the conspiracy between specific stakeholders and national staff.Thirdly,it is aimed at the problem of inconsistency in the final applicable crimes due to the different understanding of their behaviors when participating in bribery.The fifth part is to clarify the determination conditions for the establishment of accomplices of bribery crimes by certain related parties.First,the scope of the specific relationship should be clear.The scope of the specific relationship includes close relatives,mistresses(husbands)and other people with common interests.The scope of close relatives applies to the provisions of the Criminal Procedure Law.Mistresses(husbands)make judgments based on their psychological and emotional dependence and bundling of interests.Other people with common interests come from two aspects: economic interests and common interests.Make judgments,where common interest relationships include but are not limited to common property relationships.Second,the determination of conspiracy is a necessary condition for the establishment of accomplices of bribery crimes for a particular person.Whether it is joint negotiation or unspoken,as long as the two parties have a general understanding of each other's actions,it is a conspiracy.The formation of the conspiracy can be before or during the event.Thirdly,certain related parties should act to accept property.According to the current criminal law and the theory of joint crimes,for a particular relationship,as long as the collection of the petitioner 's property is objectively carried out,whether or not the petition is conveyed on behalf of it,it should be regarded as an accomplice in bribery.In summary,the author takes the typical case of the Luo Fei case as the starting point of research,explores various doctrines of the establishment of accomplices of bribery crimes by specific parties,and discusses the establishment of accomplices of bribery crimes by specific parties and works with the state on this basis.Accurate characterization of subjective conspiracy and objective behavior of personnel.