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犯罪对象和受贿数额认定问题分析
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-12-16 23:53
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].
单位受贿与受贿交织如何准确认定
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-06-18 00:16
Group 1 - The article discusses the legal distinctions and similarities between bribery and embezzlement in the context of a specific case involving a hospital department head and a drug dealer [1][3] - The case highlights the complexities of determining whether certain funds should be classified as unit bribery or personal embezzlement, particularly regarding the payment of 180,000 yuan for the head's daughter's salary and social insurance [2][4][6] - Different viewpoints exist on how to classify the 180,000 yuan payment, with one perspective arguing it should be considered as part of unit bribery, while another suggests it constitutes embezzlement due to the misappropriation of unit funds [3][5][7] Group 2 - The article emphasizes that for a crime to be classified as unit bribery, the funds must be controlled and owned by the unit, which was not the case in this instance [4][5] - It is argued that the 180,000 yuan payment does not qualify as embezzlement since the funds were never under the unit's control or ownership, thus not infringing on public property rights [6] - Ultimately, the article concludes that the 180,000 yuan should be classified as personal bribery for the department head, as the transaction was a result of a new agreement between him and the drug dealer [7]