Font Size: a A A

The Properties Analysis Of Cui’s False Promise To Accept And Demand Properties

Posted on:2019-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:W LeiFull Text:PDF
GTID:2416330548481776Subject:Law
Abstract/Summary:PDF Full Text Request
In the case of Cui’s false promise to accept property,Cui,as a prison policeman,helped Lee to illegally go for medical treatment and received Lee’s property,but did not help him manage his success.The follow-up was actually for him.However,the benefits are still repeatedly based on the special relationship,asking for property from Lee.As for the nature of Cui’s actions,there are three viewpoints:the crime of bribery,the crime of fraud,the crime of accepting bribes,and the crime of fraud.From the facts of the case,as a prison police officer in the daily management of criminals,using the convenience conditions brought by his own prison guard duties,deliberately neglected management of Lee,and proactively used the communication tool with Lee.In this behavior,Cui used the convenience brought by his own authority.Cui said to Lee that he could go for a medical treatment and arrange for Lee to go out for medical treatment and issue a "case" that would allow him to seek treatment outside the hospital.In the process of acceptance,although Lee eventually failed to obtain medical treatment for Lee,she promised Lee that he could obtain medical treatment for him while accepting Lee’s property.Although he was medically aborted,Cui did not continue to manage the matter.Cui still took practical actions for Lee’s medical treatment.Although he did not succeed in the end,he still managed to seek benefits for others.Because in accepting bribery crimes,there is a need to act for the benefit of others,and the request-for-passive bribery crime does not require the act of seeking benefits for others.When the minimum requirements for the benefit of others are promised to seek benefits for others,and the truth of the promise does not affect the determination of the interests of others.Therefore,even if Cui’s false promises can go to Lee for medical treatment,it does not affect the nature of his bribery.In the follow-up "borrowing" behavior,some of them issued an IOU,some did not issue an IOU,but none of them had a legal borrowing relationship.First of all,Cui’s"borrowing" behavior does not have basic information such as repayment deadline and interest with Lee;secondly,there is a sensitivity between Cui’s authority status and Lee’s identity.The two are the relationship between supervision and supervision.And Cui is asking Li to disclose information on the need for relations and other information after operating a medical insurance company.Cui,as a borrower,uses his power to seek for the interests of the lender Lee,although the surface is borrowed.It is to use his own power relations to ask for Lee’s property,which is a criminal act of taking bribes.Therefore,Cui’s "borrowing" behavior does not conform to the conditions of legal civil borrowing,and it belongs to the crime of taking bribes under the pretext of borrowing.
Keywords/Search Tags:Bribery, Use of Position, False Promises, Seeking Benefits for Others, Borrowed Names
PDF Full Text Request
Related items