杨某受贿案——浅谈受贿罪认定及受贿数额的确定.pdfVIP

Abstract Crimes of accepting of bribes have been the focus of all circles of the society. To combat corruption and build a clean government has become the key point to improve the style of government’s work especially after the new leadership took office.With the depening of anti-corruption struggle, the crimes of accepting of bribes are continuously changing tactics and new types of crimes emerge in an endless stream.In this paper we try to analysis a new form of crime of accepting bribes,namely to analysis whether it is crime of accepting bribes to contract design business by taking advantage of ones post,so as to getting to know the divide between crimes of accepting bribes and non-crime,and the determine of the amount of bribery.As the saying goes: the life of the law lies in the implementation,only to apply the law on paper to the real cases in social life can the law become alive.From this case we can also better understand the advices given by the supreme peoples court and the supreme peoples procuratorate in 2007,that is illegally accepting property of requesters by other transactions. In the first part, we will refine the focus of Yang’s case of crime of accepting bribes through the introduction of relevant details in it. The focus of this case is: 1.Whether Yang’s acts constitute a crime? Whether it belongs to the illegally accepting property of requesters by other transactions of the advices given by the supreme peoples court and the supreme peoples procuratorate in 2007?2. If it constitutes a crime, how to calculate the amount of bribery? In the second part, we talk about the controversy and disagreement on Yang bribery case. There are two kinds of disputes in determining the nature of Yang’s behavi