Study On Bribery Crime By Borrowing

Bribery, essentially the act of offering money to influence the person in charge ofa public duty, has been a major social illness that haunts countries all over the world.While the global efforts to fight against bribery intensify, China is no exception.Nevertheless, due to the frequent social conflicts and the clash of ideas and mindsets,crimes of bribery show an increasing pattern now. As bribers and recipients of briberyaccumulate for years much experience fighting against judiciary, their knowledge ofescaping from law enforcement, their means of self-protection and theircounter-investigation ability improve simultaneously. Those bribers and recipients ofbribery have abandoned the traditional, simple and direct way of giving money, buthave developed a more camouflaged and bewildering way to escape from legalsanction of bribery.Although the legislative and judicial branches in China work together to perfectthe laws and offer solutions to crack down bribery, perpetrators refine their forms ofbribery even faster than legislation or amendment. Bribery, under the disguise of legalactivities, thrives. They use all kinds of disguises trying to conceal its dishonest natureof power-for-money deals and find a way to escape from the law and seek illegalprofits. Thus, various legal transactions in the system of market economy have beenutilized as disguises, such as joint venture, wealth management, emolument withempty posts, borrowing and lending. The evolution of forms of bribery has brought upmany controversial problems to the process of judgment.This paper addresses to the bribery in the name of loans. Through analyzing theproblems caused by bribery in the name of borrowing and lending, this paperproposes how to identify such bribery, which may shed some light on the futurecracking down of such crimes.This paper consists of three chapters.Chapter1defines the concept, types and characteristics of such bribery and listsrelated domestic and international laws and regulations to show the necessity of criminal laws against such crimes.Chapter2differentiates such crimes from the civil actions of lending andborrowing, and proposed how to make judicial decision in such cases.Chapter3discusses the difficulty of deciding the actual amount of such briberyand provides corresponding solutions.