涉房受贿
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以案明纪释法丨涉房受贿对象、数额和犯罪形态问题辨析
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-09-17 00:30
Core Points - The article discusses the complexities of identifying bribery crimes related to real estate, particularly in cases where public officials receive properties without actual residence or control [1][5][8] - It emphasizes the need for precise identification of the crime's nature and the amount involved, considering various scenarios of property control and ownership [5][11][14] Summary by Sections Basic Case Facts - Sun, a city management official, used his position to assist a private entrepreneur, Li, in winning multiple landscaping projects from 2016 to 2024 [2] - Li purchased a property worth 1 million yuan for Sun under his wife's brother's name and spent an additional 200,000 yuan on renovations, which Sun never occupied [2] - Sun's son bought another property for 1 million yuan, with Li covering the remaining 500,000 yuan and an additional 100,000 yuan for a parking space [2][3] Analysis of Bribery Crime - Different opinions exist regarding the classification of Sun's actions as completed or attempted bribery, particularly concerning the properties received [5][6] - The article argues for a nuanced understanding of "actual control" over properties, which can differ from legal ownership [8][10] Legal Standards and Definitions - The distinction between "actual control" and "actual residence" is crucial in determining the completion of bribery crimes [10] - The article references legal standards that define the criteria for recognizing completed versus attempted bribery based on the actual control of property [8][9] Specific Case Evaluations - In the case of the A property, Sun's actions are viewed as completed bribery due to his control over the property despite not residing there [9][10] - For the B property, the focus shifts to the cash payment made by Li, indicating that Sun's bribe was the cash rather than the property itself [11][12] - The C property is analyzed as partially completed bribery due to outstanding loans, while the D property is similarly assessed with respect to ownership complexities [14][15][16]