Study On The Identification Standard Of Loan Interest-taking Bribery Crime

At present,China’s economic development is rapid,bribery crimes occur frequently,and the crime rate ranks the first among the duty crimes of national staff.According to statistics,in 2022,China’s procuratorial organs at all levels accepted more than 18,000 duty crimes transferred by supervisory commissions at all levels,among which 8,380 people were prosecuted for suspected bribery crimes,accounting for 46.6% of the duty crimes.It can be seen that bribery crime occupies a vast proportion in the duty crime of state functionaries.If it can effectively crack down on bribery crime and reduce the bribery crime,it is of positive significance to improve the image of the government and realize the goal of a country under the rule of law.After the eighteenth big,our country to strengthen the anti-corruption,bribery crime momentum effectively,but the bribery crime has been unable to eradicate,the main reason lies in the rapid development of economy and society,provides a hotbed for bribery crime,all kinds of more hidden,more deceptive new way of bribery crime emerge in endlessly,but the relevant laws are relatively lag,make new bribery crime way cannot get timely and effective specification and adjustment,so produce a lot of disputes in practice.The crime of bribery discussed in this paper is a typical new type of bribery crime.As a new type of economic crime,the bribery crime has concealment and particularity.In the current judicial practice in China,there has been no clear provision on the crime of taking bribes.Therefore,when dealing with this kind of bribery crime in practice,the application of relevant provisions is uneven,and there is no unified identification standard,which has brought some obstacles to the work of the judicial organs.In today’s bribery crime is constantly updated and hidden,in the lack of relevant laws and regulations,how to make an accurate identification of the lending behavior of the state staff,it is particularly important and urgent.This paper intends to study the crime of lending and taking bribery from the following three aspects:The first part is to introduce the concept and characteristics of the bribery crime,and reveal its particularity.The second part is to summarize the research results of the lending crime of bribery in judicial practice and theoretical circles,analyze the advantages and disadvantages of different identification standards,and point out the reasons why it is difficult to unify the identification standards.According to the analysis results of the second part,the author puts forward his own views in the third part.In view of the nature of the behavior,the author believes that should be combined with the normal civil loans.After determining the nature of the lending behavior,the criminal state is determined according to the "obtaining financial theory",and the interest income that has not yet been obtained is considered as a special case.Finally on the amount of bribery standards,first should deduct reasonable interest income,residual interest income as bribery amount as the sentencing standard,reasonable interest income is divided into the borrower in the same period the highest loan interest rate and four times the bank loan rate two situations,to safeguard judicial justice and safeguard the balance between the legitimate rights and interests of the defendant.