Non-national Staff Of The Judicial Determination Of Bribery

According to the "Criminal Law" Article 163 and June 29, 2006 implementation of the "Criminal Law Amendment VI" Article 7 provides that non-national staff of taking bribes, is a company, enterprise or other unit staff to use jobs to obtain other people's property or illegally accepting other people's property to benefit other people, large amount of behavior. As a non-national staff of the crime, in specific cases dealing with the process, because the law and relevant judicial interpretations for many of the problems of this crime are the lack of clearly defined, particularly with regard to bribery to obtain legitimate income and the boundaries of behavior problems and to seek benefits for others the meaning of the definition of such problems is a big difference, thus affecting the smooth processing of cases.This paper combines the specific non-national staff bribery case, from the perspective of judicial practice, to the relevant criminal law theory, the use of comparative analysis, combined with the non-national staff of bribery of a crime, and the case related to the judicial determination of issues such as degree of analysis for the future treatment of similar cases, the judiciary provides a useful reference point.This paper is divided into five parts. The first part introduces the case, specifically describes the Qiu bing Li used his position and illegally accepting Pengxi Hospital given 32,205 yuan commissions for Pengxi Hospital to benefit the relevant circumstances.The second part of the detailed description of the prosecution and the defense and interior views and opinions, and the court's ruling, the controversy is the focus of this case are summarized below pave the way.The third part of the specific sum out of the controversy and the focus of the case, leads to a description of this paper is to analyze the two issues, namely, Qiu Bing whether the commissions charged 32,205 yuan for the legalization of income problems and whether such acts constitute a non-national staff bribery problems.The fourth part is the legal analysis in the present case, is the core of this article. By analyzing the non-national staff Elements of the crime of bribery and related theoretical controversies and perspectives to illustrate the author's views, combined with non-national staff of bribery crime or the difference to two-third part of this article cases the focus of the dispute commenced discussion shows, so as to arrive Qiu Bing constituted the crime of bribery of non-national staff of the conclusions.Part V is a case of some thoughts and suggestions for the case in dealing with the problems encountered in the course, I have to focus on the corresponding recommendations in anticipation of future similar cases can provide some help.