Issues Of Bribery

In the city named Ma, Shen certain bribery case not only has a great social impact, and the case itself is also more concentrated expression of the theoretical level in law crime of bribery, many important issues. Especially the case involved "emotional investment" type and form of bribery real estate transaction Elements of taking bribes, taking bribes together (family corruption), the identification and treatment patterns of crime have a deeper enlightenment. "Emotional investment" type is characterized by bribery bribes diluted with specific issues you care, to seek one relationship between the interests, both at the time of the close contact was broken, making bribery and covert. "Making benefits for others" as one of the constituent elements of criminal law, in the end objective elements and subjective elements are, in theory and in practice there is considerable controversy. Under the existing norms, the "interests for others," be treated as more subjective elements of their rationality. However, there is a big subjective element that the practice of the same obstacles, which in the "emotional investment type" bribery crime is particularly evident. I believe that, "for others to benefit" requirement superfluous, and its theory and practice can bring a lot of confusion in order to remove the element completely resolved. And national staff who have a specific relationship, although not alone be the subject of taking bribes, but they can become an accomplice in the crime of bribery, which helps prevent "family of corruption," the formation of national staff in the fight against crime of bribery at the same time, a specific relationship between the sanctions person's criminal acts, to a greater extent to meet the needs of judicial practice and the people a strong desire to fight corruption. Use of bribery and influence (special relationship people together) the difference between accepting bribes the following aspects: (1) the former is independent of the new charges, which is a common form of crime bribery. (2) the main body of the former as "close to people," than the latter's "special relationship people" more broadly. (3) In the subjective, the former national staff people and taking bribes is no common intent of bribery; which there is a common intentional corruption. (4) before the crime, whether it is "Request" or "receiving" property, shall have as trustees, "to seek illegitimate interests" of the case; the latter only in the "accept" when the property should have "sought benefits" situation. The crime of bribery on the form (accomplished with the attempt), there is considerable controversy in theory, I believe that as to whether bribes and attempted bribes accomplished more reasonable standard, in line with accepting bribes "trading power for money," the essential characteristics and bribery "violation of duties by national staff integrity" of the object element, for the bribes already accomplished, not charged for attempted bribery. Specifically identified on the amount of crime, the real estate transaction in the form of bribes, bribes amount of real estate transaction, according to the market price and the actual difference between the price paid.