单位受贿罪

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要求管理服务对象向所在单位“捐赠”财物相关问题辨析
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-07-23 01:21
Core Points - The case involves a public institution (A unit) and a private company (B company), where the head of A unit, Shen, solicited a donation of 1 million yuan from Zhang, the actual controller of B company, to fund a research project [1][2] - The donation was used to gain favorable treatment in project bidding, with B company winning contracts worth over 20 million yuan as a result [1][2] - Different legal interpretations exist regarding the nature of the donation, with one view categorizing it as bribery and the other as a legitimate donation benefiting the unit [2][3] Summary by Sections - **Nature of the Donation**: The 1 million yuan donation from Zhang to A unit is characterized as a bribe rather than a legitimate donation, as it was not voluntary and aimed at securing improper benefits [3][4] - **Legal Implications**: Shen's actions are analyzed under the lens of bribery laws, with the consensus leaning towards classifying the donation as unit bribery, and Shen's subsequent actions as both unit bribery and personal embezzlement [2][5] - **Financial Misappropriation**: Shen misappropriated 150,000 yuan for personal use from the donation, which constitutes embezzlement under criminal law, highlighting the misuse of public funds [5][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]