| Corruption have always been thoroughly detested by all social circles for which pose a serious threat to social stability and security,endanger the social democracy and justice with th e rule of law,deca y positive values,harm the sustainable and stable development of the society.Since the 18th National Congre ss,our country has raised the issue of anti-corruption to the height of the "life and death o f a party ",and has settled off a storm of anti-corruption.With the incre ase of the investigatio n,all kinds of crimes by taking advantage of duty handled by the National Procuratorial Organs have also be enexplosive in creased.The author found that most of the brib ery crime interwo ve n human feelings,money and p ower.Combined with the traditional Chin ese acquaintances society wh ere the rule of law was w eakened b y th e con cep t of human beings and the culture of a small group,wh ich made to be a c ertainly destroy to the dignit y o f the rule of law a n d justic e.In the case of bribery c rim e,it is more complicated in th e ob jective a spects of th e c rime in artic le 388 of crim inal law,Differen ces still e xist in distingu i sh crime amo n g crime in a rticle 388 of crim inal law bribery and b ribery crime in a rticle 385 of c riminal law,The complexity of article 388 of crimina l law in Nomenclature of la w,Crim inal d escription and objective aspec ts of crime make mo re internal deba te in using the law,which resu lting in hard to prosecute a crime.This article is based on the case of defendant Lu’s mediatory-bribe,whic h was investigated by the a u thor.Firstl y,it b riefly describ es the c irc umstan ces of Lu ’s suspe cted crime,the court’s tria l resu lts and referee basis.This sectio n d escribe s the differences of opinion arising from th e determina tion o f the c ase.And the vie ws o f the pa rties a nd su mmarize c ritical analysis.Then,basing on th e theory of c rim inal law,th is pape r analyze s the proble ms such a s: the d ete rmi na tion of the basic con d itions of me d iatio n,the d ete r mi natio n of illegitimate intere sts,the determina tion of twic e and mo re media t ion,the de termination of the ac t of takin g bribes,Analyzing the problems of Lu`s refund behavior and a mount determi na tion.Summ arize the method of distinguis h ing mediatory-b ribe crime and other bribery ca se s.Lastly,the a u thor pu ts forward th e author’sth inkin g o n Lu`s ca se,realizes th e balance betwe en hum an and the rule of law from aspec ts of perfecting the legisla tion and sentencing,im p ro ving Sys tem Construction of Case regi stration and clea n go vernment account,and reconstructing the power of duty crime mediation. |
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