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利用影响力受贿还是斡旋受贿
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-10-29 00:20
Core Viewpoint - The article discusses the legal distinctions between two forms of bribery in China: "intermediary bribery" and "influence bribery," highlighting the nuances in their definitions and applications under the law [1][2][3]. Group 1: Legal Definitions - Intermediary bribery occurs when a state worker uses their position to facilitate benefits for a third party, while influence bribery involves close associates of state workers leveraging their relationships to gain benefits [1][2]. - The key difference lies in the nature of the relationship between the parties involved; intermediary bribery is strictly between state workers, whereas influence bribery can involve non-state workers as well [1][3]. Group 2: Case Analysis - The case presented involves two individuals, A and B, who have a professional relationship and a history of working together, leading to a request for assistance in a project that resulted in a bribe [2][4]. - There are differing opinions on how to classify the actions of A, with some arguing for ordinary bribery, others for influence bribery, and a third perspective supporting intermediary bribery based on the nature of A's position and actions [3][4]. Group 3: Judicial Interpretation - The Supreme People's Court has clarified that "using one's position" can include both direct authority and indirect influence through professional relationships [4][5]. - The analysis of the case suggests that A's actions were primarily influenced by their official position rather than personal relationships, supporting the classification of the behavior as intermediary bribery [5][6].