On The Case Of YE Commit Corruption And Taking Bribe

In May,2015,the intermediate peoples court of Zhongshan ruled that YE constitutes corruption and sentenced him to life imprisonment, deprivation of political rights for life, and concurrently confiscate all personal property; ruled that he constitutes taking bribes, sentenced him eleven years'imprisonment, and concurrently to confiscation of property one hundred thousand yuan. Decided to execute life imprisonment, deprivation of political rights for life, and concurrently confiscate all personal property. In addition,give the Dayi's land back to the victim,all property illegally obtained by a criminal shall be recovered.There are some focus of dispute on this case:First,how to confirm the land ownership and the valuation date of Dayi's land.Second,how to maintain YE's behavior taking advantage of his position.Third, whether the crime cost should be deduct from the crime amount. Fourth, how to distinguish corruption or fraud and whether to need to distinguish between principal and accessorial criminal. Fifth, how to confirm the price apparently higher than the market price without a law.In short, dicusing these focus of dispute on this case is in orde to solve the two basic question in the end:Whether YE constitutes corruption; Whether YE constitutes taking bribes.This graduation thesis discusses these focus of dispute carefulness, basing on the evidences of the case, using the relevant theory of law, referencing other's research production and relevant cases.There are some theory of law:the change of real property right, the meaning of official advantages and the different from work advantages,the distinguishing of criminal pattern, the meaning of the crime cost and how to treat it, the distinguishing of corruption and fraud, the distinguishing between principal and accessorial criminal, how to confirm the price apparently higher than the market price without law. It draws some conclusions in the end:First, The Dayi' land is owned by the state, the valuation date of Dayi's land should be the date when Dayi electronic technology co., LTD of Zhongshan obtained the Dayi's land use right.Second, YE both taked advantage of his position when he had obtain the Dayi's land use right and helped Taiyao company to recover the fund by management committee.Third,the crime cost should not be deduct from the crime amount.Fourth,the behavior constitutes corruption what YE embezzled receivables of Industrial development co., LTD in league with Cheng.Fifth, the key of confirming the price what is apparently higher than the market price,is to understand the essence of this case is the trade between power and money, does it attain the prosecution standard.There are the two basic question's answer:YE constitutes corruption and took bribes.