Research On The Identification Of The Bribery Crime In Loan And Interest Collection

State functionaries gain profits by charging interest on loans,which often has the nature of power and money transactions,and has constituted the crime of bribery.After analyzing a large number of lending and borrowing types of bribery crimes,it is found that the identification of state functionaries’ behavior of lending and earning interest has become a difficult identification in judicial practice.For the identification of such bribery,it is an inevitable trend and requirement that the identification methods become comprehensive and the identification standards become clearer.The crime of accepting bribes with interest on loan refers to the criminal behavior that state functionaries take advantage of their position to seek benefits for others and charge interest as improper remuneration for their official behavior by borrowing money or lending money.In China’s current judicial practice,due to the lack of legal support and relevant judicial interpretations,only the first and fourth articles in the Opinions on Several Issues Concerning the Application of the Law in Handling Criminal Cases of Bribery(hereinafter referred to as the Opinions)issued by the "Two High" in 2007 are related to the crime of lending interest-bearing bribery.However,it can not be regarded as a clear stipulation on the lending interest type of bribery crime,which makes it difficult to identify whether the lending behavior of state staff has constituted bribery in practice.Paper will take the case as the breakthrough point,to grasp the legislative spirit,considering the social situation in our country,analysis of the problems existing in the judicial practice and their differences and put forward reasonable measures for lending type of bribery crime,clarify the state functionaries lending behavior crime and is not a crime,such as constitute bribery which the amount of bribery and what is considered with the standard,In order to solve the judicial practice of our country for this kind of bribery crime to identify the problem to provide some suggestions.Paper is divided into three parts except preface and conclusion,respectively is to lend interest type bribery crime existed problems in the current judicial cognizance of summary and analysis of the cause of the problem,the cognizance of the types of bribery crime should consider the factors and the concrete determination method,and the types of bribery crime of bribery and the comparison with standard amount of studies.The paper puts forward that it is necessary to focus on the examination to prove whether the doer has the subjective intention of taking bribes,that the general interest rate of local folk lending should be taken as the priority standard when determining the amount of bribery,that the bank loan interest rate of the same period should be taken as the alternative standard,and that the amount of interest not actually obtained should only be considered as the circumstances of sentencing.