Analysis On Wang XX's Bribery Case

In the case of Wang XX's bribery,There are three main controversial points:First,whether the “private price” of buying a house is a normal commercial concession;second,how is the amount of transaction-type bribery determined;and third,whether the “personal exchanges” between friends constitute bribery.Transaction-type bribery crimes have the appearance of “legal transactions”,the nature of illegal money transactions,and the meaning of illegal meaning.For the first question,the “preferential price”has three distinctive characteristics: pre-set,unspecified or relative specificity and causality.This is the basis for distinguishing between it and accepting bribes by means of transaction.When Wang XX purchased a commercial house at a “special price”,he subjectively had the intention to pay less for the purchase of the house.Objectively,the so-called “preferential price” did not meet the requirements of pre-set,unspecified,and due,so it is a normal commercial offer,but it use this form to hide the actual bribery.For the second question,when determining the amount of transaction-type bribery,the seller's “minimum preferential price” should be used as the “market price” to determine whether it meets the requirements of “significantly higher” or “significantly lower”.Judging whether it is “obvious” by the combination of the proportion and the proportion,the conclusion of the court's conclusion in this case is not correct.For the third question,there is a gray area between normal human relations and bribery.This should be comprehensively distinguished from the relationship between the two parties,the matter of the request,the value of the property,the way of behavior,and the rules of thumb and behavior of ordinary people.Wang XX's acceptance amount far exceeds the normal amount based on friendship gifts,and doesn't conform to the normal person's cognitive experience,so it is not a legitimate human relationship.