Judicial Determination Of Transactional Bribery

Transactional bribery hides itself under the cloak of civil transactions and constantly renovates the means,which seriously affects the punishment of bribery crimes.Although the promulgation of relevant laws and judicial interpretations provides certain guidance for the trial of such cases,the technical regulations are mostly technical and limited by the meaning of words,judicial practice and academic research have disputes over the difficult issues.Starting from three typical cases,combined with various existing transactional bribery methods,they are classified into differential bribery and breach of contract bribery.Price differential bribery mainly involves disputes over price factors,time factors and subjective cognitive factors.In the determination of price factors,the determination of "obvious" should be based on the amount plus the proportion.The determination of the "market price" of new products should be based on the lowest preferential price,and the lowest preferential price should be open and non-specific at the same time.And the characteristics of rationality,the determination of the "market price" of second-hand goods should be based on the market price at the time of the second transaction.In the determination of the time factor,the determination of "time of transaction" is differentiated,and the real estate transaction is subject to the time of the establishment of the contract,and the transaction of movable property is mainly at the time of delivery,and supplemented by the establishment of the contract.The "value-added part" of the bribery object should be fully recovered.In the determination of subjective cognitive factors,the bribe recipient needs to "know" the bribery nature of the property and the difference between the transaction price and the market price.In the bribery of breach of contract,it mainly involves the judicial definition of civil breach of contract and breach of contract and bribery.The essence of default-type bribery is to realize bribery by means of civil contract and intentional breach of contract by the briber.In the specific determination,first check the relationship between the two parties to the transaction,that is,whether the authority of the state staff is directly or indirectly needed by the briber,and then review the entire transaction process,the economic level and economic plan of the two parties before the contract is established,and the contract is signed.The specific content of the transaction contract,the actual performance of the contract after the contract is signed,and the reasons for breach of contract.