Theory Of Bribery Judicial Cognizance

The crime of taking bribes,which infringes on the integrity,incommensurability and impartiality of the official acts,is the long-term target of the prevention of corruption in China.In this regard,although there are corresponding legislative and judicial interpretations,judicial interpretative documents to deal with,but there are still related issues have not been satisfactorily resolved.For example,how to accurately identify the agreed bribery;how to accurately identify the loan type bribery;whether to identify the truthful confession as surrender after the notice or the case.In this regard,this paper takes a bribery case of Lu as an example,through sorting out the focus of the dispute in the case,closely related to the case to review the above three typical issues,and put forward corresponding thinking and suggestions.The paper is mainly divided into three parts: the first part is a brief introduction of the case and the focus of the controversy,mainly the basic case of a bribe case and the brief description of the three focus of the controversy.The second part is the evaluation of the case.Based on the demonstration of the characteristics and key elements of the agreed bribery,it is considered that the so-called "holding on behalf" of RMB 1 million in this case should not be included in the amount of bribery of the defendant Lv.Based on the demonstration of the characteristics of loan bribery and the difference between loan bribery and loan bribery,it is considered that 400000 returned by the defendant LV before the crime should be regarded as loan.Based on the argumentation of the rule of the determination of the special surrender in the duty crime,it is considered that the defendant Lu established the special surrender.The third part is thinking and suggestions.Based on the analysis of the case and the consideration of the legal theory involved,two suggestions are put forward.The first is that the principle of doubt in favor of the defendant should be fully used in the judicial judgment;the second is that it is not easy to overemphasize the particularity of individual crimes in the voluntary surrender of duty crimes.