Research On Similar Cases Of New Forms And Amounts Of Bribes Accepted

In recent years,with the continuous renovation of new types of bribery forms,bribery methods have emerged in an endless stream,and there are many differences with traditional forms of bribery.Nowadays,the news of the fall of high-ranking officials has also appeared frequently,and it is no longer earth-shattering news to ask people to pay bribes in the hidden way of "surrogacy and childbirth".As we all know,surrogacy is a way of fertility in human assisted reproductive technology,which has brought good news to countless infertile couples,but due to poor regulation and profit-driven in the development of emerging technologies,ma ny bribe-givers will extend their "claws" to this field.Although China has formulated a relatively detailed legal system for the crime of corruption and bribery,there are still some controversies in the actual process of handling.Through the examination and retrieval of cases of surrogacy bribery,this paper selects the Wang Baoan case as the main case,and the Zhu Wei bribery case and the Qin Daoxiong bribery case as auxiliary cases.After a specific analysis of Wang Baoan’s case,the focus of the dispu te in this case is mainly manifested in the following three aspects:First,whether the child "gifted" by Guan is the target of bribery;second,whether Wang Baoan’s acceptance of intangible benefits is in line with the relevance of power and money transact ions;third,how to determine the amount of the crime and the sentencing circumstances of the surrogate childbirth.Children born of surrogacy are intangible property interests,which have the same social harm as traditional bribery crimes,and should be t he object of bribery crimes.The essential characteristic of the crime of accepting bribes is "power and money transaction",and accurately defining whether there is a correlation between Guan’s "gifting" of children and Wang Baoan’s exercise of authority is the core of distinguishing between crime and non-crime.Illegal gains can generally be directly measured in currency,the two baby boys born of surrogacy are living individuals,can not be assessed and measured in currency,is not illegal gains,but Wan g Baoan’s bribery behavior not only violates China’s prohibitive regulations,but also the illegal benefits sought for Guan Mou seriously damages the national public interest,infringes on the integrity of state employees,and causes bad social impact,whi ch should be regarded as aggravating circumstances.In order to improve China’s criminal system of accepting bribes from non-material interests,the following constructive opinions are put forward: appropriate expansion of the targets of bribery crimes while judicial interpretations are used to enumerate and define non-material interests;establish a dual-track evaluation standard of equal emphasis on non-amount circumstances and amounts;timely realize the legalization of partial discretionary sentencing circumstances;and impose heavy penalties on bribery and bribery.