| In 2003,the Supreme People’s Court issued a notice titled "National Court Symposium on Economic Crime Cases",which stipulated: "If the perpetrator takes advantage of his position to ask for or accept property from others,or makes profits for others in the name of borrowing,it shall be regarded as accepting bribes." This part is a description of the identification of loan-type bribery crime.However,the distinction between loan-type bribery and loan-type bribery is vague,and there is no relevant law in China to regulate it,which leads to the problems of difficulty in handling,To solve the above problems,it is necessary to further clarify the boundary between borrowing and accepting bribes.This paper is divided into five parts.The first part introduces the focus of this paper and the main research issues through classic cases.The second part sorts out the judicial status quo of loan-type bribery crime in China,collects sample cases in judicial practice,conducts empirical analysis on the selected samples,briefly analyzes the existing problems in the current judicial identification and points out the reasons for the defects in the judiciary.The third part is the main general situation of loan-type bribery,including the characteristics and types of loan-type bribery,there are three main types of loan-type bribery.The fourth part distinguishes the essence of the loan-type bribery crime and non-crime,mainly from the lender whether to ask for trust matters,whether the receiver to use the power to facilitate the lender to seek benefits and whether the actor has the intention to repay the loan or behavior to analyze several aspects.The fifth part,the identification of loan-type bribery crime.This paper expounds relevant theories,and distinguishes the factors that should be considered in borrowing money and taking bribes from different aspects,and finally distinguishes the cases that should be condemned and the cases that should not be condemned from the perspective of empirical evidence. |
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