犯罪对象和受贿数额认定问题分析

Core Viewpoint - The article discusses a bribery case involving a state-owned enterprise chairman and a private company supplier, focusing on the complexities of determining the amount of bribes received and the legal interpretations surrounding it [2][3][4]. Group 1: Case Overview - Wang, a chairman of a state-owned enterprise, received valuable gifts from Li, a private supplier, in exchange for facilitating business contracts [2]. - The case highlights the nuances in recognizing the value of gifts and the implications of cash payments made in the context of bribery [3][5]. Group 2: Legal Framework - According to Chinese law, receiving gifts or benefits in exchange for using one's official position constitutes bribery, requiring both subjective and objective elements to be met [4][6]. - The law stipulates that the value of gifts must be assessed based on valid price evidence or through professional evaluation if no such evidence exists [5][6]. Group 3: Valuation Disputes - There are differing opinions on how to calculate the bribe amount, with one view suggesting the total cash received should be considered, while another emphasizes the actual value of the gifts received [3][7]. - The final assessment concluded that Wang received a total of 260,000 yuan in bribes, including the value of the watch and travel expenses paid by Li [6].