Core Viewpoint - The case illustrates a hidden bribery scheme disguised as a rental agreement, where the essence of the transaction is a quid pro quo relationship between a government official and a construction company owner [1][3]. Group 1: Case Details - The case involves a government official (甲) and a construction company owner (乙), where甲 used his position to assist乙 in municipal projects, leading to a rental agreement for a shop that乙 never intended to use [2]. -甲 purchased a shop in 2019 and later proposed that乙 rent it, despite乙's acknowledgment of the shop's poor location and lack of demand [2]. - The rental agreement was structured to appear legitimate, with甲 receiving a total of 384,000 yuan over four years, despite乙's company never actually using the shop [2][5]. Group 2: Legal Perspectives - There are three differing opinions on the nature of甲's actions: one views it as a legitimate civil transaction, another suggests it should be evaluated against market rental prices, while the third argues it is a clear case of bribery disguised as a rental agreement [3][4]. - The third viewpoint is supported by evidence that both parties were aware of the lack of genuine rental intent, indicating that the rental payments were essentially bribes for甲's official assistance [4][5]. Group 3: Conclusion on Bribery - The actions of甲 meet the criteria for bribery, as he knowingly exploited his position to benefit乙, who had no real need for the rental, thus confirming the transaction as a means of transferring benefits [5][6]. - The total amount received by甲 should be considered as the full bribe amount, as the rental payments were not based on a legitimate rental relationship but rather a facade for the exchange of favors [6].
穿透租赁表象识别受贿本质
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan·2025-08-27 01:34