Research On Judicial Recognition Of Emotional Investment-type Wealth-accepting Behavior

"Investment for relationship" is a difficult problem to identify the crime of bribery crime in practice,it refers to the traditional "acquaintances society" in China under the background of human interaction,person in every year the holidays or the matter have dead and buried and other major feast,in the name of social gives property to the state personnel to maintain mutual emotional interaction between social phenomenon.The purpose may be to express gratitude for the care received in the past,or to expect the care received in the future,or even just for the normal exchange of human feelings.Under normal circumstances,the actor does not put forward specific request matters in the occasion of "Investment for relationship".Therefore,in the above occasions,the behavior of state staff accepting property is evaluated as " Investment for relationship behavior of receiving money".In fact,in the process of handling bribery cases,no consensus has been reached on the issue of "how to identify the behavior of receiving money based on"Investment for relationship",whether in academic research or judicial practice.As a result,there will be great differences in the judgment results of relevant cases in the society,which has attracted the attention of all parties,but also caused a lot of controversy.On the one hand,because of its concealment and universality,it is easy to threaten or infringe on the protection of legal interests of bribery crimes,so it must be severely cracked down on according to law.Investment,on the other hand,we talk about "Investment" type by fiscal behavior into the scope of the crime,nor out of bribery laws benefit theory,"using the duty convenience",and "seek interests for others" of the elements of the constitutive requirements,such as limit,to be able to establish the "Investment capital" type reference standard by profiteering constitute bribery.In this article,through the collection,integration for emotional investment the fiscal behavior at home and abroad in recent years research and qualitative data,in the current criminal law theoretical debate of bribery crime laws benefit theory as a starting point,from the "using the duty convenience","seek interests for others" constitutive requirements elements such as requirements to further judicial cognizance of the behavior.First of all,there are two kinds of views about the "Investment for relationship" behavior of taking money: the guilty one and the innocent one.The theory of guilt holds that the huge amount of gifts and money received by state officials or for a long time is a violation of the legal interests protected by the crime of bribery,and the Investment for relationship behavior of receiving money should be included in the scope of the regulation of the crime of bribery.On the other hand,the theory of innocence holds that it is difficult to find the crime of "affection investment" of receiving money guilty when the crime of accepting gift money has not been legislated.The author believes that based on the national conditions of our country,it is an inevitable trend to include the "Investment for relationship" behavior of taking money into the scope of the regulation of bribery crime.Secondly,for the protection of legal interests of bribery crime,there are many theories,such as "the theory of unbribability","the theory of justice" and "the theory of not seeking personal gains in public office"."The theory of justice" cannot include some special types of bribery crimes into the punishment scope,which will improperly limit the punishment scope of bribery crime,so it is not suitable for the protection of legal interests of bribery crime in China.The theory of "not seeking personal gain in public office" breaks through the provisions of the constitution elements of bribery crime in criminal legislation,and cannot be regarded as the first choice to protect legal interests of bribery crime in China.Therefore,the author supports the theory of "unbribability" as the protection of legal interests of bribery crime in China.However,based on the theory of "unbribability",it will be found that the interpretation of taking advantage of the position is too broad,which will eventually lead to the ambiguity of the boundary of the application scope of the crime of taking bribes in judicial practice.Therefore,it is necessary to further understand the elements of "taking advantage of the convenience of the position" and "seeking benefits for others",and finally establish a reasonable punishable limit for "Investment for relationship" behavior of receiving money.Finally,should with "projects" issued in 2016 "about to deal with corruption and bribery criminal cases to explain some issues of applicable law on regulation of"feeling investment "by the content of the financial behavior as the starting point,and then on such as the property between,give money flow is a one-way or two-way,whether had received property amount exceeds the amount of normal human feelings between us,whether the difference between the larger,by,give wealth rank relationship exists may benefit,by the way,give the location of the goods,and such factors as whether does not conform to the common sense and whether both sides ignoring festival customs,only in the name of" feast "property and so on questions,This paper puts forward the specific criteria to include "Investment for relationship"behavior of receiving money into the punishment scope of bribery crime.