Research On Transactional Bribery Crimes

Transactional bribery crimes are more invisible and complex than traditional bribery crimes.Therefore,in practice,the identification of bribery crimes poses greater challenges.Although the promulgation of the "Opinions" provides some guidance for the trial of such cases,most of the provisions in the "Opinions" are technical clauses,which are limited by the meaning of the words,making the identification of difficult problems in transactional bribery crimes,regardless of There are still many controversies in academia or practice.Based on the connotation,characteristics and criminal composition of transactional bribery crimes,this paper introduces the common manifestations of transactional bribery crimes.Combined with the literature interpretation and case analysis method,this paper makes an in-depth study and discussion on the determination of the amount of bribery in transactional bribery crimes.It puts forward the identification of the amount of bribes.Firstly,it should distinguish the types and attributes of the transaction objects,and then the transaction objects on both sides of the behavior.Based on the local market price when bribery is agreed,combined with the local economic development level,the absolute amount and relative proportion are used to calculate.At the same time,through the analysis of the case,the boundary between the transaction-type bribery crime and the traditional bribery crime,the identification of the bribery plot in the transaction-type bribery crime,and the analysis of the bribe and forced transaction are discussed from the behavior subject and the transaction process.On this basis,there are suggestions of transaction-type bribery crimes from both the legislative and judicial aspects,with a view to helping to solve difficult problems in judicial practice.