1. What are the specific ways of accepting bribes?
1. Behavioral characteristics of accepting bribes in the form of transactions
State employees buy houses, cars and other items from customers at prices significantly lower than the market. The premise is that the national staff use their position to create high profits for the trustee, which basically exceeds the value of the house, car and other items they want to buy.
2. Behavioral characteristics of accepting bribes in the form of accepting performance shares.
Performance shares refer to shares acquired without capital contribution. State functionaries who take advantage of their positions to seek benefits for the trustee and accept the performance shares provided by the trustee shall be punished for accepting bribes. If the registration of equity transfer is handled, or there is relevant evidence to prove that the shares have actually been transferred, the amount of bribes shall be calculated according to the value of the shares at the time of transfer. If the shares are not actually transferred and benefits are obtained in the name of share dividends, the amount of bribes shall be determined by the actual profit amount.
3. Accepting bribes in the name of starting a company and other cooperative investments.
Any state functionary who takes advantage of his position to seek benefits for the trustee, asks the trustee to invest, "cooperate" to set up a company or make other "cooperative" investments shall be punished as the crime of accepting bribes. The amount of bribery is the trustee's contribution to the national staff.
4. Behavioral characteristics of accepting bribes in the name of entrusting the trustee to invest in securities, futures or other entrusted wealth management.
If a state functionary takes advantage of his position to seek benefits for the trustee in the name of entrusting the trustee to invest in securities, futures or other entrusted wealth management, and gains "income" without actually making capital contribution, or the "income" obtained is obviously higher than the income due to capital contribution, it shall be punished as bribery.
5. Determination of the crime of accepting bribes in the form of gambling (only winning or losing)
6, the specific relationship "front name" to receive wages.
If a state functionary instructs a trustee to give relevant property to a specific related person, he shall be punished as accepting bribes. State functionaries who take advantage of their positions to seek benefits for clients, ask or accept clients to arrange jobs for specific clients, so that specific clients can get so-called wages without actual jobs, should be punished as bribery.
Second, what are the characteristics of new bribery?
1, concealing bribery
With the development and changes of economy and society, some market "hidden rules" have gradually evolved into new criminal means, and many new situations have emerged in bribery crimes, and the patterns are constantly being refurbished, often in the form of relatively hidden, difficult to identify and non-traditional bribery. For example, buying and selling large valuables such as houses and cars at a price lower than the normal price or selling them at a price higher than the normal price, because the actor paid a certain fee, it was not completely free and the means were hidden.
2. Indirect transactions of power and money
In many countries, after taking advantage of their positions to seek benefits for clients, they often instruct clients to deliver "property" and other bribes to their spouses, children and even lovers. On the issue of "special stakeholders", the judicial interpretation clarifies the scope of special stakeholders, which refers to those who have close relatives, mistresses (husbands) and other people with the same interests as state employees.
3. The characteristics of marketization are obvious.
Covering up illegal bribes in the form of legal market economy transactions, such as RV trading, investment and wealth management, stock management, salary payment, etc., are common market transactions, but they are also easy to be used for power and money transactions. If the actor starts a company in the name of cooperation, he will neither actually contribute capital nor participate in management and operation, that is, he will get the so-called "profit". Others don't contribute to acquire shares, and accept bribes through "profit" of performance shares.
3. What are the "properties" in accepting bribes?
1, currency. The money accepted in the crime of accepting bribes refers to the banknotes and coins used in our daily life. Money is the most common property in bribery crimes. In real life, the trustee often goes directly to the state staff with cash and asks them to do things for themselves. State functionaries who accept money may constitute the crime of accepting bribes. Of course, in practice, there are still cases where trustees let state workers use counterfeit money to handle affairs. Does this situation constitute a crime of accepting bribes? If a briber accepts counterfeit money without knowing that it is counterfeit money, he shall be punished as an attempted bribe. Because counterfeit money also belongs to the category of "things", although it has no use value, the briber accepts it based on misunderstanding, which constitutes an attempt to accept bribes.
2. Articles. The concept of "thing" here is basically the same as that in civil law, and it has tangible, exchangeable and useful attributes, such as houses, cars, watches and antiques. For example, if you ask someone to let the state staff take his valuable antiques and let him help him seek benefits, the state staff will accept the antiques. At this time, the "antiques" here belong to the "items" in the property of bribery.
3. Property interests. Property interests include material interests that can be converted into money, such as house decoration, debt relief, etc. It also includes other benefits that need to be paid in money, such as membership services and tourism. For example, if an official goes whoring in a pornographic place and the client pays the fee, or the client pays the fee to hire a prostitute to provide sexual services for the official, there is a property interest and it belongs to bribery. However, if the client directly provides sexual services to the official himself and has no property interests, it is not a bribe.
Legal basis:
criminal law
Article 385
State functionaries who take advantage of their positions to extort other people's property, or illegally accept other people's property and seek benefits for others, are guilty of accepting bribes. State functionaries who, in violation of state regulations, accept kickbacks and handling fees in various names in economic exchanges and own them personally shall be punished as bribery.
Article 386
Whoever commits the crime of accepting bribes shall be punished according to the amount and circumstances of accepting bribes and in accordance with the provisions of Article 383 of this Law. Whoever asks for a bribe will be punished more severely.