关于由特定关系人收受贿赂的定性分析——以卢某某受贿案为例-qualitative analysis on accepting bribes by specific related parties - taking the bribery case of lu so-and-so as an example.docx

AbstractWith the rapid development of social economy, the means of bribery crime has been to conceal, strategy development, emerging in an endless stream of new bribery crime. Provisions of the criminal law on the crime of bribery crime has been unable to meet the objective needs of combatting bribery crime.In order to effectively punish bribery crime, promoting the in-depth development of anti-corruption struggle, on July 8, 2007 the Supreme Peoples court and the Supreme Peoples Procuratorate jointly issued the about the problems of bribery in criminal cases the law applicableadvice( hereinafter referred to as the opinions”)，The “Opinions” of a variety of newforms of bribery cases, timely putting forward opinions to identify and deal with specific, is conducive to the judicial organ shall punish bribery crime. Opinions as a judicial interpretation, making the the criminal law provisions of the crime of bribery more specific and more detailed, but there are still some terms or some terminologies are not complete or not clear. For example, opinions provisions of article seventh in the inspired; Opinions provisions of article eleventh in the close relatives, mistresses or lovers and other common stakeholders.It is difficulte for the judicial organs to identify the new bribery crime,so we need to make a further discussion on these terms or the terminologies. This article takes an example of Mr.Lu bribery case on identifing the scope of special relationship. At the same time, as the situation of Chinas criminal law on the crime of bribery provisions is not perfect, in order to meet the need of punishing the bribery crime and promote in-depth development of anti-corruption struggle, we must further perfect the legislation of bribery crime.At last, the criminal law can meet the needs of social reality.This article is about twenty thousand words and is divided into four parts. Including the basic situation of the case, the legal analysis of related problems, the case analy