A Study On Judicial Recognition Of "Emotional Investment " Type Bribery Crime

In recent years,in the name of human relations,the actual “feeling investment”type bribery crimes have been frequent,but the Criminal Law of the People’s Republic of China(hereinafter referred to as the “Criminal Law”)has not made such bribery clear.Regulations.On April 18,2016,the Supreme People’s Court and the Supreme People’s Procuratorate promulgated the Interpretation on Several Issues Concerning the Applicable Laws in Handling Corruption and Bribery Criminal Cases(hereinafter referred to as the “Interpretation”),of which Article 13,paragraph 2,states,“National staff Requesting and accepting subordinates with superior or subordinate relations or persons with administrative relations with a value of more than 30,000 yuan,which may affect the exercise of power,is regarded as a commitment to seek benefits for others."The promulgation of the Interpretation "Emotional investment" bribery provides a legal basis.Although judicial practice has achieved some results in combating such crimes,due to the different understanding of the content of the article,there are still ambiguous spaces and difficult problems in the application.By analyzing and sorting out the cases related to bribery crimes of the "emotional investment" type,the author finds that there are controversial issues in determining such bribery crimes.The article selects three typical cases to introduce the problem,based on the current criminal law regulations and theoretical research to analyze and academically explain the controversial issues,and finally puts forward the path exploration of the judicial recognition of the "feeling investment" type bribery crime,and clarifies the applicable rules of the clause,which makes the The determination of such bribery crimes meets the requirements of the statutory principle of criminal punishment.The details are as follows:First of all,the article analyzes and combs the relevant cases and finds that when the "feeling investment" type bribery crime is determined,there is a dispute about the relationship between the actors,the accumulation of the amount of crime,and whether there is a specific request.Secondly,it analyzes the related theories of the "feeling investment" type bribery crime.First clarify the "emotional investment" type bribery behavior and its essence,and then explain the "use of office convenience" and "for the benefit of others" requirements,as well as the analysis of the legal presumption of "commitment to benefit others",found that only Only by combining these two elements can we accurately determine the consideration relationship between property and duty behavior.Thirdly,to analyze the controversial issues of the "feeling investment" type bribery crime.Combining theoretical research and judicial cases,the "subordinate relationship" and "administrative management relationship" between the actors,the amount of crime for different bribery subjects and the cumulative number of bribes,and "knowing that others have specific requests" and "possible impact" The controversial issue of "exercise of power" is analyzed and explained theoretically.Finally,explore the path of determining the "feeling investment" bribery crime.Expand the explanation of the relationship between the actors;accumulate the amount of crime for the same bribery subject;if the state staff knows that others have specific entrusted matters and accepts the property,it may affect the exercise of their powers,and then determine whether they promise to seek benefits for others.Only when all elements corroborate,corroborate,and form a close logical chain can we specifically determine the consideration relationship between property and duty behavior.