Analysis Of The Bribery Case Relating To Mr Dong

As the domestic anti-corruption struggle is being enhanced,the new-type of bribery crimes seems to be complicated and hidden,causing the difficulty of confirmation in juridical practice.Moreover,as a component of forming bribery crime,“seeking profits for others”is stipulated as the facts of bribery crime in the existing criminal law,making the behavior of accepting property and receiving money as gift afterward disputable for confirming bribery facts.The paper aims to put forward some suggestions on the judgement for the disputable behavior of accepting property and receiving money afterward in the practice on the basis of a typical bribery case and in the light of the interpretation to the key elements of seeking interests for others by both The Supreme People’s Court of The People’s Republic of China and The Supreme People’s Procuratorate of The People’s Republic of China.Beginning from introducing discussion on receiving property afterward in present theoretical field,the chapter demonstrates that the behavior of accepting property afterward infringes the protective interests of bribery crime,possesses the bribery intention and simultaneously has the nature of money-right transaction according to the case through analysis on the protective interest of bribery crime,crime nature and crime intention.Although both The Supreme People’s Court of The People’s Republic of China and The Supreme People’s Procuratorate of The People’s Republic of China have legally expanded the explanation on factors relating to “seeking interests for others”,which has conditionally referred to the behavior of receiving property afterward,the paper still proposes suggestions on the different opinions about receiving property afterward in the theoretical field.The legal analysis on the behavior of accepting cash as gift firstly taking regard to the diverse functions of money as gift,the chapter analyzes different perspectives on whether receiving money as gift can be regarded as a crime and also interprets the difference between bribery and normal communication which is realized through receiving money as gift.Then,with the above discussion,the paper demonstrates that the action of receiving money as gift can form the bribery crime from the view of characteristics and forming factors of bribery crime and the author concludes that it is essential and practical to take the action of receiving money as gift into the scope of crime from the points of social harmfulness,overall criminal policies and worldwide different stipulations about the behavior.At the same time,the confirmation to the behavior should be forming bribery crime.