Referee thrust

Was sent to the state-owned service personnel , used his position to facilitate bribes and seek benefits for others , it constitutes a non- national staff of bribery bribes .

Case

Luanchuan be expropriated for commercial cold mud Town Village land , village relocation needs Henan Luanchuan LongYu overall Molybdenum Co., Ltd. ( Department of State-owned holding enterprises ) ( referred to as Long- company ) . Henan Hui Long dispatch Services Limited ( the Department of non- state-owned enterprises ) ( referred to Huilong Gong Division ) of the Company in accordance with requirements of the contract workers were Du Li , Chen Hao Yu Long Snow sent the company primarily responsible for coordinating the work of resettlement relations , statistics were relocated object property and registered.

Qu Tiger 's house in the column relocation , the relocation process it in order to get compensation payments and more , then let your nephew -in-law try to contact Ju Ping Du Li Zong to take care of the property at the time of registration .

To facilitate the work, Qu Ju Ping your tiger to 60,000 yuan in cash, letting Ju Ping 40,000 yuan to advance your case manager to help find DU . Ju Ping your case manager to find Du , Du gave 70,000 yuan . After that, according to the telephone number of the Ju Ping Li Du cases found responsible for the registration data provided by the end of book Chen Hao Connaught , gave Chen 20,000 yuan , so that an additional layer on the promise to Chen Hao Qu Tiger houses measurement data . After Chen Hao promise in Tiger 's son Qu Qu appendage to defend the country 's review of the registration form will be replaced by three- story brick house , so Long- company to pay compensation of 181,000 yuan money . Qu Tigers reap 60,000 yuan to the Ju Ping expensive, of which 2 million is also the case for outside borrowings 40,000 yuan Ju Ping is also the matter of the advance money to handle the rest of the money for himself .

Referee

Luanchuan , Henan Province People's Court held that the defendant Du Li Zong , Chen Hao Connaught Department慧龙公Division ( non- state-owned enterprises ) sent to Long- company ( owned enterprises ) personnel engaged in specific work though Long- companies, but the two non- employees of the company , does not have the status of national staff , two staff used his position to do the demolition company guarantees任龙宇convenient for Qu tigers reap benefits were received by Ju Ping Qu tigers send your bribes 70,000 yuan and $ 20,000 behavior constituted the crime of bribery of non- national staff . Qu defendant 's behavior constituted tiger bribery of non- national staff. Defendant Ju Ping your help Qu Tigers were to Du Li , Chen Hao Connaught bribery , are common crime . February 26, 2013 , the court sentenced the accused to three years imprisonment Du Li cases , the defendant Chen Hao Connaught years imprisonment, suspended for three years , accused Qu tiger year in prison , suspended for one year , Ju Ping your exempted from criminal defendants punishment. Now the decision has taken effect.

Comment

1 . Identity issues were accused Du Li , Chen Hao Connaught

One view is that , although the two defendants were sent to the state-owned enterprise services company , employees are not state-owned enterprises , but they are the use of state-owned enterprises in bribes in his office and seek benefits for others , violations of state-owned enterprises management activities , the two defendants in this case should be essentially the same as " state-owned enterprise workers " should be punished for taking bribes . Another view is that , although the two defendants in state-owned enterprises , but they are dispatching contract signed by the Secretary and慧龙公then dispatched to work in state-owned enterprises , they do not have the status of national staff , it is not with the main condition for accepting bribes . They used to do the demolition job Tam任龙宇company staff convenience , illegally accepted money for the defendant to seek benefits Qu 's actions are consistent with the tiger Elements of non- national staff of bribery , should be based on non- national staff of bribery offenses.

Case, Du Li and Chen Hao Connaught cases are sent to one of the characteristics of labor dispatch of state-owned enterprises, the labor relationship exists only between dispatch and dispatch workers ( ie between慧龙公Division and the two defendants ) . Although dispatch workers to accept the unit is working and not working for the dispatch unit , but the unit is not accepted into the employment relationship , the units dispatched workers not to accept workers that the two defendants were Du Li and Chen Hao Yu Long promise not employees of the company , does not have the status of national staff , the Du Li and Chen Hao promise of cases of identity should be set for the company staff. Non- national staff of bribery and accepting bribes fundamental difference is that the main crime are different: the subject of non- national staff of bribery of a company, enterprise or other unit personnel , ie non- national staff ; body bribes are national staff as well as On the national staff of state-owned companies , enterprises and other units engaged in public service staff and state-owned companies , enterprises and other units assigned to the staff of state-owned non- state-owned companies , enterprises and other units engaged in business. Therefore, Du Li Zong , Chen Hao promise should be given a non- national staff of bribery .

2 How should the defendant Ju Ping your conviction

Ju Ping expensive constitute non- national staff of bribery or bribery crimes ? The difference is that : First, the subjective aspect . Introduction bribes to the place that people have a clear understanding of the behavior of people know they are in the position of a third party bribery , and its purpose is to own both sides of the contact , match results and contribute to the achievement of bribery ; bribe clearly knew that he was an accomplice in the crime with the help of bribes side. Case, Ju Ping your nephew -in-law as Qu Tigers clearly knew that he was the one with the help of bribes Qu tiger. Second, the objective aspect . Describes the performance of both bribery for matchmaking , he was just in the middle position . Artificial bribery bribery, bribery of both intermediary , usually trying to create the conditions for both sides to understand , contact , or on behalf of , or transmitting property transfer information , help the parties to complete the bribery behavior. If you do not know the original bribe sides , encouraged by the perpetrator or help to complete bribery may help identify the perpetrator guilty of bribery committed constitute or abettor . Case, Qu Tigers in order in the relocation process little more compensation money , find Ju Ping expensive and sent him 60,000 yuan , so Ju Ping your first advance 40,000 yuan to find Elsie were reasonable help, after Ju Ping expensive to Du Zong Li sent 70,000 yuan (including Ju Ping your advance 1 million) , and is responsible for the registration data to the end of the cash register of Chen Hao promise of $ 20,000. Visible, Ju Ping your role in this case is not only in the third person's position , but with the help of Qu Tigers completed bribery. The third is against the object aspects . Introduction bribery violation of the object is clean and non- buying behavior of Duty state functionaries behavior , work order directly disrupt the normal working order of state organs and normal management ; object of non- national staff of bribery violations of the company , duties of corporate officers honest , fair system, the company 's normal business operations and management activities. Case, the object of bribery cases Du Li , Chen Hao Connaught is a company, corporate officers , rather than national staff. In summary, Ju Ping your conduct did not constitute the crime of bribery , but the Tigers are common crime and Qu , should be based on non- national staff of bribery to punishment.

Case Case No. : ( 2013 ) No. 1 heavy punishment Luan early word

Stories written by: Luoyang, Henan Province , Henan Province, the Intermediate People's Court Yangshun Luanchuan People's Court Wushu Juan Drainage