Analysis Of Emotional Investment Bribery Cases

In practice,there are a lot of emotional investment activities that try to buy the power of government officials in the name of relationship.Whether to classify such behavior as a crime or as normal human contact is a matter of debate.Based on the criminal policy of severely cracking down on corruption and bribery,the state issued judicial interpretation in 2016 to regulate emotional investment bribery,but at t he same time,new academic debates and practical problems emerged.Judging from the controversial focus of the three cases of "Wang Xiongwei’s bribery case","He Mou 2bribery case" and "Gao Feng’s bribery case",there are three main points of contention in such cases: The definition of consideration relationship in emotional investment bribery,the identification of elements that "may affect the exercise of power",and how to understand the judicial interpretation of the amount of bribery "more than30,000 yuan".According to the viewpoints of academic circles and judicial organs,after analyzing the controversial focus of three sample cases,we konw that the fundamental reason for the criminalization of emotional investment-type financial behavior is that,according to the framework of power-for-money transaction,due to the lack of specific solicitation matters and specific job behavior,the consideration relation can not be accurately defined,which is contrary to the statutory elements of ordinary bribery crime.After the establishment of the new theory of the bribery crime protection law--the incorruptability of position and position behavior,the objective elements of the crime will no longer be limited to the specific position behavior,but will be extended to the position itself and the power factors behind the state staff.The requirement of "seeking benefits for others" aims to prove the existence of the consideration relationship,and belongs to the directional content of "taking advantage of the convenience of the position",so it should be retained.According to the provisions of judicial interpretation,"may affect the exercise of power" is the substantive element to identify the consideration relationship in emotional investment bribery.Therefore,such factors as position relationship,amount of property,frequency of giving property and whether there is reciprocity between the two parties in giving gifts must be determined specifically in judicial cases.In the judicial interpretation of the determination of the amount of bribery "30,000 yuan or more",we should pay attention to distinguish the normal human contact,implement the principle of modesty of criminal law,and apply party discipline punishment to the case of little harm to the society.