A Research Of Bribe-accepting Crime By Borrowing Or Lending

Bribery crime likes a cancer of corrosion position integrity and disturbing the order of fair competition in the market.As a seriously, common and complex type of crime in the criminal law of our country, bribery crime has tremendous harm to the healthy of social economy debelopment.Although our country takes measures to prevent bribery crime every year, there are still quite a lot of bribery offenders are coltoned, especially the rate of bribe-taking crime remains high, the amount of bribery crime breaks the record again and again.According to statistics, from 2007 to 2012, there are 65629 national officer people under the investigation of bribery crime, 23246 criminal suspects are charged by offering bribes.From 2008 to 2012, and the number of bribe-taking, bribe-offering crime rises 19.5% and 60.4% in the past five years.Thus, bribery crime showes more and more serious trend and poses challenges to the national anti-corruption legal system.Until to 2009, the Seventh Amendment to Criminal Law added the bribery crimes of influence using, bribery crime legislation in our country has gone through a process of development and its implementation is phased in progress the system of bribery crime law also become more and more perfect. But when it comes to lending bribes in the form of legal regulation is relatively short, for now there is only a documents named “National courts work summary of the Symposium on economic crime cases”(hereinafter referred to as "the notes")has special provisions for bribe-lending crime. "the notes" regulates that state functionaries by taking advantage of his office, after asking to borrow for property to another person, or illegally accept property for the benefit of others, shall be regarded as bribery.But this is only for the bribee “borrowing” from briber, the method of loan is still in a blank state, and in practice the standard of note-application is not same. The main reason is that if you want to applicate this note, you need to presumption the actor’s criminal facts, but it is difficult to obtain the behavior person’s true confessions, only should analyze other basic facts to strictly presumption.Therefore, it is necessary to figure out how to use existing law to regulate bribery by debit and credit, under the sitiuation condition of the relevant legal documents blank.This article attend to discuss the study of this type of bribery from following three parts:From bribe-borrowing, the first part discuss the influence of existing iou, conclude that a written borrow formalities for this crime qualitative does not have a material impact, it’s not work by issuing ious to escape legal sanctions;Then we distinguish folk lending and bribe-borrowing according to the rules in the note and practice case, conclude that we can judge whether belongs to bribery overall consideration of borrowing reason, the position of these money, the relationship of both parts, whether to ask position for profit, Payment conditions. Those last two aspects to discuss the types of bribery crime amount calculation, the amount is calculated according to the money which behavior person got, the position of these money does not affect the amount of crime, the folk loan interest should not be regarded as bribery.The second part seperates three aspects to introduce loan type of bribery, subjective understanding of this crime, how to distinguish between loans and bribery, how to calculate the amount of loaning type bribery.My view is that the key to judge crime is the understanding of bribery properties of interest, the amount of interest on the size is also a very important decision criteria.we can judge whether belongs to bribery overall consideration of loan-producing reason, the relationship between the both sides at ordinary times, whether to agree duty behavior.In terms of calculated crime amount shall be full of interest minus four times of bank loan interest rates over the same interest.The third part introduces this type bribery’s standard of accomplished offense. At first I introduce the accomplished offense standard of traditional bribery crime, then I discusse this standard from two aspects of borrowing and loaning, the standard of borrowing is the moment of behavior person get the bribe. Bribe-loaning standard is divided into three kinds, if this interest is sustainability, the standard is the moment which briber get the interest or the interest reached 5000 yuan, if it is one-off interest, the standard is the moment of behavior person get the interest, if the bribes which behavior get isn’t same to what they deal, we regard the getting-bribes as the bribery’s numbers.