受贿罪若干问题研究——以“张小东受贿案”为例.pdfVIP

Abstract With the rapid development of the socio-economic, bribery case in many aspects of behavior, bribery approach to showing the hidden nature and complexity of features, money directly into the indirect by the spot changeoptions. These problems to our judicial anti-corruption work has brought unprecedented difficulties and challenges, even in judicial practice on the handling of the bribery case, toward two extreme trends: First, from preventing and combating crime, as long as the identity of the perpetrator has a national staff, the daily economic exchanges or obtain additional, unfair economic interests, all deal with taking bribes; Second, from the follow the principle of legality, to fully protect citizens personal freedom standpoint, there is no clear, direct the provisions of criminal law provisions and their judicial interpretation, but does comply with accepting bribes in real terms and the form of new type of accepting bribes, is not allowed to incriminate or not easily incriminate. Above plight, there is a deviation with the understanding of the nature of the judicial staff of the crime of accepting bribes in the judicial practice of implementing the essence of accepting bribes is not thorough enough, has a close relationship, it is worth the judiciary to be reflection. In this paper the whole chapter is a total of about 20,000 words, divided into five parts: The first part to the third part is the introduction of the basic facts of the case of the Zhang Xiaodong bribery case. Zhang Xiaodong bribery case, the whole story a brief introduction, analysis of Nanchang, Jiangxi Province, Castle Peak Lake District Peoples C