| This article is made up of four parts.The first part is the basic description of the case.This section states the specific circumstances of the case and the differences of opinion in the course of handling cases,and summed up three aspects of the controversial focus: first,the state staff and others "business partnership" behavior of the qualitative,and the second is the bribery crime "use of the role of the" meaning of the definition of the third is the object of good offices for non-state staff behavior qualitative.The second part is the core content of this article.This section will be the case of the three aspects of the controversial focus of legal analysis: first,the analysis of the legal characteristics of partnership,the state staff and others "partnership business" behavior of the qualitative;second,the "use of the title of the" meaning of the definition of bribery and good offices to bribe the crime of "use of the title of the" The different connotation and concrete manifestation of the expression;Thirdly,the article carries on the semantic explanation to the term of good offices,analyzes the concrete manifestation of "The behavior of the staff in other countries through the work of other States",and makes a qualitative analysis of the behavior of the object of good offices to the non-state workers.The third part is the analysis and conclusion of this case.Through the legal analysis of the above disputed focus,combined with the existing laws and regulations and the two high judicial interpretation provisions,make Tan’s behavior should be identified as the conclusion of mediating bribery crime.The Forth part is the revelation of this case.The main content is that at present the law of bribery crime has imperfect criminal law on the case of new bribery crime,it is necessary to further develop and improve the legal rules of bribery crime to meet the needs of anti-corruption in China’s new situation. |
