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用请托人证券账户和资金炒股不承担亏损怎样定性
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-06-04 01:19
Core Viewpoint - The case illustrates the complexities of identifying bribery in situations where public officials use third-party accounts for personal gain, highlighting the need for precise legal interpretation of such actions [1][3][5]. Group 1: Case Background - The case involves a public official (甲) and a private company owner (乙), where the official used the company's funds for stock trading under a pre-agreed arrangement that profits would go to the official while losses would be borne by the company [2][4]. - In 2019, the official provided assistance to the company in land transfer matters, leading to a financial arrangement where the company funded the official's stock trading activities [2][5]. Group 2: Legal Interpretations - There are differing opinions on whether the actions constitute bribery, with one view suggesting it was a legitimate private investment agreement, while the other argues it was a clear case of bribery due to the unequal risk-sharing arrangement [3][4]. - The second viewpoint posits that the official's acceptance of the arrangement, which exempted him from losses, constitutes receiving bribes, as the financial loss of 400,000 yuan effectively served as a kickback for the official's prior assistance [5][6]. Group 3: Legal Framework - The legal framework indicates that for a contract to be valid, it must reflect genuine intent, which is questioned in this case due to the nature of the agreement between the public official and the private entity [4][5]. - The actions of the official are seen as violating the integrity expected of public servants, as they exploited their position for personal financial gain, thus constituting a breach of duty [5][6].