On The Judicial Determination Problems Of Bribery-pander Crime

The Bribery-pander Crime has been retained in the legislation of criminal law.However,with the introduction of the judicial interpretation of bribery crimes in recent years,the related bribery crime charges,convictions,sentencing,crime amount determination and other issues continue to improve.The Bribery-pander Crime only added a fine,and no other detailed explanation.In judicial practice,there are often difficulties in distinguishing between Bribery-pander Crime and bribery.so it is necessary to make a more in-depth study on bribery crime.The research center of this article is to introduce the identification of the constituent elements of Bribery-pander Crime,and to introduce the boundaries of the crimes of bribery and Bribery-pander Crime.Because by summing up and analyzing the relevant cases of Bribery-pander Crime in judicial practice can be found.Actors who Bribery-pander Crime often perform multiple actions,involving all aspects of the transaction of power and money.Whether multiple acts should be considered as multiple crimes,and if multiple crimes are required as punishments,are all controversial issues in judicial practice.Not only that,but it can also be found by summarizing the research status of bribery.At present,the question of the existence or abolition of Bribery-pander Crime is not the focus research on the crime of bribery.Therefore,On the Judicial Determination Problems of Bribery-pander Crime,is the identification of the constituent elements of Bribery-pander Crime,and to introduce the boundaries of the crimes of bribery and Bribery-pander Crime.To solve the above-mentioned difficult problems,this article mainly combines the typical cases in judicial practice and uses the theories of joint crime.At present,with the development of the theory of joint crime,there is a close relationship with the Bribery-pander Crime.which can be applied to the determination of the constituent elements of the Bribery-pander Crime.Under the theory of joint crime,multiple criminal acts committed by the actor who Bribery-pander Crime should be placed in the joint crime of bribery.According to the specific circumstances,to be regarded as the absorption of one crime or more crimes.The conclusion accords with the requirement of the legality of crime and punishment of crime.The details of this article are expanded below.The first part,by analyzing the cases in judicial practice,and summarizes the disputes in judicial practice.It mainly includes:whether the Bribery-pander Crimes should be separated from the crime of bribery.How to identify the implementation of the Bribery-pander Crime,the actors abetted bribery and conspired to bribe,or gains property in the bribery,whether belong to the Bribery-pander Crime.How to judge the stop form of the Bribery-pander Crime.the second part,Through the theory of complicity,the behavior of Bribery-pander Crime is strictly limited,it should be reflected in the transmission and exchange of bribery information.Participating in the conspiracy of bribery,abetting bribery,help to transfer bribery,they are all constitute the accomplice of bribery crime.Through the determination of "serious circumstances" in the privilege,it is concluded that the actors cannot obtain property by various forms in the process of crimes.Based on the expansionary nature of the introduction,the "serious circumstances" of the Bribery-pander Crime are reflected in the number of people involved in the crime,the number of times,and the loss of public interests.In the subjective aspect of the determination,it is emphasized that the actors should subjectively know that the bribe-giver or the bribe-taker has criminal intention.The third part,To solve the problem of the boundary between the Bribery-pander Crime and bribery crime,The main conclusion is that:When the behavior violates the Bribery-pander Crime and bribery crime,Several crimes shall be punished or determined as one crime of absorption.Under the premise that the actor and the bribe-taker have criminal contact,the joint distribution of bribe money after the event,or the separate acceptance of the bribe-giver’s reward,the unauthorized interception of bribe property,should be considered as an accomplice in the crime of bribery.If the actor who does not have a specific identity conspires with the bribe-taker to take bribes and possesses a large amount of bribed property,it can be considered as a joint principal offender,with the Bribery-pander crime.The fourth part,analyzes the identification of crime number pattern and stopping form of the Bribery-pander Crime.It has a absorption relation between Bribery-pander crime and bribery crime.As for the identification of the accomplished form of Bribery-pander crime,the completion of power and money transaction is the standard.If the power-money transaction fails to be realized,the Bribery-pander Crime can be considered as an attempt.