Research On The Crime Of Transaction Bribery

The Supreme People's Court and The Supreme People's Procuratorate published a judicial interpretation named "For accepting bribes on the law applicable to a number of criminal cases views on the subject" (hereinafter refereed to as "opinions")together on July 8, 2007.And the article 1 of the judicial interpretation provides for the crime of transaction bribery. The dissertation elaborately examines several knotty problems in deciding the crime of transaction bribery in both practice and theory. Generally the whole article studies four main problems.The first part is about the legal analysis on the crime of transaction bribery. The author legally demonstrate that the "double deal" nature, and conclude that "trading power for money" is the essential feature of the crime of transaction bribery. At the same time, The author studies the crime of transaction bribery in a criminal element that distinguishes it from traditional crime of bribery on the special, including that: the criminal object includes whether the market economic order; the criminal objective of the "transaction" in nature; the main subject of special and non-special main accomplices set up; and the criminal subjective whether it is necessary to have "knowingly" and other issues.The second part focuses on the crime of transaction bribery in the administration of justice in the difficult issues in-depth and detailed analysis, and it is also the focus of this article. Since the judicial interpretation of the provisions text itself, as well as technical factors, in theory, the crime of transaction bribery provisions of the understanding of the content, there are many differences, which led directly to the judicial practice of the type of criminal judicial determination of the existence of a certain degree of difficulty. In this article, logic analysis, practice operations, such as cases of analytic perspective on that, in the judgment of "significantly below" and "significantly above" should be combined with the relative proportion and absolute mount of standard. In that shopping is not for bribery, two conditions must adhere to, first, conditions must be set in advance, two conditions must be not directed at a specific person. That should be attempted in both the actual possession of taking bribes housing, automobile, and other items as the standard. The article also full feasibility studies and analysis of a number of issues, such as the calculation of the amount of bribes accepted, in the subjective "knowingly" judgment.The third part firstly studies the effectiveness of the time of crime of the transaction bribery provisions. The author maintains that the "opinions" before the implementation of the transaction has been completed within a bribery case, no longer applicable "opinions" re-processing of the "opinions" or not yet implemented after treatment with the "opinions" of the first case, and it should be identified as the crime of the transaction bribery. Secondly, the author also believes that the "opinions" on the crime of transaction bribery fully embodies the "Kuanyan" criminal policy, and the policy should guide significant in the application of the provisions.The fourth part mainly proposes the Supplements and amendments for the "opinions" imperfections. Three aspects, the first is "significantly below "and "significantly above" the criteria of specific provisions, the highest judicial authority in general, can be identified as an absolute number and relative proportion of the quantitative criteria interval. The second is in terms of the transaction provides for an increase in "non-specific" this condition. The third is not for the registration of ownership changes in the behavior of both attempted bribery standards and the method of calculating the amount to provide certainty.