Yang Bribery Case

Crimes of accepting of bribes have been the focus of all circles of the society. To combatcorruption and build a clean government has become the key point to improve the style ofgovernment’s work especially after the new leadership took office.With the depening ofanti-corruption struggle, the crimes of accepting of bribes are continuously changing tacticsand new types of crimes emerge in an endless stream.In this paper we try to analysis a newform of crime of accepting bribes,namely to analysis whether it is crime of accepting bribes tocontract design business by taking advantage of one’s post,so as to getting to know the dividebetween crimes of accepting bribes and non-crime,and the determine of the amount ofbribery.As the saying goes:" the life of the law lies in the implementation",only to apply thelaw on paper to the real cases in social life can the law become alive.From this case we canalso better understand the advices given by the supreme people’s court and the supremepeople’s procuratorate in2007,that is "illegally accepting property of requesters by othertransactions".In the first part, we will refine the focus of Yang’s case of crime of accepting bribesthrough the introduction of relevant details in it. The focus of this case is:1.Whether Yang’sacts constitute a crime? Whether it belongs to the "illegally accepting property of requestersby other transactions" of the advices given by the supreme people’s court and the supremepeople’s procuratorate in2007?2. If it constitutes a crime, how to calculate the amount ofbribery?In the second part, we talk about the controversy and disagreement on Yang bribery case.There are two kinds of disputes in determining the nature of Yang’s behavior,as it’s guilty ornot.And there are three opinions in specifying the amount of bribery,as to deduct market price,profit,or management fees.The third part, the legal analysis. With the combine of theories of the constitution ofcrime and the amount of bribery, we distinguished part-time job of civil servants andaccepting bribes. Since the calculation methods of bribery amount is different according todifferent bribery objects, Yang’s amount of accepting bribes should be calculated bydeducting management fees according to the industry standards from his actual propertyprofit.