Study On The Difficult Problem Of Transaction-type Bribery

On July 8,2007,the Supreme People's Procuratorate and the Supreme People's Court promulgated the opinions on several issues concerning the application of the law in handling criminal cases of bribery(hereinafter referred to as the opinions).In the first part of this opinion,the detailed regulation of transaction-type bribery is made.This paper analyzes the basis and difficulties of the confirmation of transactional bribery in judicial practice from the identification standards of transactional bribery and real cases in judicial practice.This paper elaborates from three chapters.The first part from the perspective of the market price of the determination of transactional bribery crime analysis demonstrates the benchmark price in transactional bribery crime,the cognizance of the favorable price and the price of the base date,to clarify the "obvious" standard of above or below the market price of the market price,in order to further maintain transactional bribery,lay the foundation.The second part analyzes from the Angle of obviously deviating from the market price,demonstrates the identification standard of obviously deviating from the market price,the new trend of the trading object in the judicial practice,and the identification standard of obviously in the judicial practice,so as to determine the identification standard of "obviously" in the judicial interpretation.The third part,from the Angle of never changing the ownership registration,analyzes and demonstrates that the unchanged ownership registration does not affect the determination of bribery,new trends appear in the unchanged ownership registration in judicial practice,and how to recover the illegal gains after determining the transaction type of bribery.