The Judicial Cognizance Of Unit Crime Of Offering Bribes

With the decrease of the standards for setting up companies,the number of enterprises has increased dramatically,more and more companies and enterprises have been integrated into economic and social life,and the Unit Crime of Offering Bribes have emerged in an endless stream,showing the characteristics of complexity and extensiveness.Although Amendment IX to the Criminal Law of the People's Republic of China(hereinafter referred to as Amendment IX to the Criminal Law)has made legislative improvements to the bribery crime and adjusted the traditional penalty structure of the bribery crime,the legislative and judicial interpretations are still vague Absent,the crime of bribery by the unit often overlaps with the crime of bribery by natural persons,and it is difficult to distinguish accurately.This article will analyze the judicial determination of bribery in units and divide it into four parts.When sorting out the basic issues of bribery crimes of the unit,the connotation of this crime should be determined as the behavior of the unit for its own benefit and under the control of its overall bribery will,which is seriously socially harmful and should bear criminal responsibility according to law.The integrity of personnel's job behavior.There is much controversy in the academic circles about the distinction between personal bribery crime and this crime.The judicial determination of bribery crimes of research units not only conforms to the criminal policy's need to increase the punishment of bribery crimes,but also helps to rationally distinguish bribery between units and individual bribery.The discussion on the behavior structure of bribery in units includes the specific identification elements of this crime and the discussion of "in the name of the unit".There are two ways of bribery in an organization.The "bribe" behavior in the behavior includes actual payment and promised payment."Making improper benefits" should be identified from the perspective of infringement of the protection of this crime.Next,this article discusses the relationship between the objective identification element "in the name of the unit" and this crime."In the name of the unit" is an insufficient and unnecessary condition for the establishment of this crime,and cannot be used as one of the criteria for determining this crime.When discussing the scope of the subject of the bribery crime of the unit,the unit with criminal responsibility should be the subject of the crime,and the subject of the crime is unique.The unit members are only the specific operators of the bribery crime at the economic and social level.Subjects include legal persons and one-person companies,partnerships,etc.It is necessary to distinguish the scope of the subject of this crime from the concept of legal person in civil law,and pay attention to the unit's own conditions,behavior logic and organizational structure.When discussing the crime of bribery,unit members are willing to pay bribes for the purpose of the unit and for the purpose of bribery "for the benefit of the unit" is the basis for the unit to bear criminal responsibility.This crime is a deliberate crime,and the willingness to bribe on behalf of the unit is the core element of the unit's own bribery.When determining the unit's willingness to bribe from the formation channel,the first way is that the unit's decision-maker forms the unit's will within the scope of its powers,such as the unit's legal representative and the unit's bidding project leader;the unit's decision-maker's collection forms the unit's decision-making organization,Such as through the shareholders' general meeting,the unit's internal charter decision to form the unit's will to bribe.The second way is for unit decision-makers with certain discretion to authorize or approve unit members to pay bribes.The dilemma of determining "for the benefit of the unit" exists in both entities and procedures.The excessive reliance on confessions and attribution of interests is particularly obvious.It can reduce the degree of dependence on confessions by enriching objective identification channels and prescribing rules by bribery,and at the same time embody judicial interpretation.The provisions further clarify the content of the proof "for the benefit of the unit".