The Analysis Of The Corruption Case Of Mr. Song And Mr. Luo

Abstract:The corruption case of Mr. song and Mr. luo mainly involves some questions as follows:comparison and difference between corruption and taking bribes; weather accepting the shares of the illegal companies can be performance shares bribery or not, and when the companies don’t have sufficient capital, how to identify the amount of bribery; when several behaviors constitute heterogeneous crimes, how to identify the crime number. For the comparison and difference between corruption and taking bribes, we should grasp two key points:firstly, the object of crime:the criminal object of corruption crime is only the public property of the unit; the criminal object of taking bribes is others’property, which can be public property, or private property, but not be the property of the unit; secondly,"the use of the convenience of position" in objective aspect:beside the rang is different between these two crimes, in corruption crimes,"the use of the position" must be the subject’s own position, while in taking bribes crime, it doesn’t need this. The illegality of the company which the free shares belong to has no effect on the cognizance of performance shares bribery. In order to represent all of the additional interests which the bribe-takers obtain from power-for-money deal, prevent the bribe-takers take profits from his wrongdoings, when the companies don’t have sufficient capital, the amount of bribery should be the maximum of the actual investment amount, the company’s assets quantity amount and the share-out bonus amount, to which the shares the bribe-takers accepting correspond. When several behaviors constitute heterogeneous crimes, we should follow the principle of "comprehensive evaluation" and the principle of "no repeat evaluation", combine with the specific of the case and be able to achieve full protection of the legal interests.