Judicial Recognition of Emotional Investment-Type Bribery
In response to practical needs,the crime of emotional investment-type bribery should be stipulated in the form of judicial interpretation within the scope of the constituent elements of the crime of bribery.The difficulties in identifying such a crime lie in"may affect the exercise of power"and"deemed to seek improper benefits.""May affect the exercise of power"shifts the crime of bribery from an actual harm offense that definitely affects the exercise of power to a specific potential danger offense that may affect the exercise of power.However,in practice and theory,actual harm offenses,specific potential danger offenses,and abstract potential danger offenses are often confused.The degree of infringement on legal interests can be distinguished by the differences in requests for entrustment.When a briber has a future request for entrustment that exceeds the scope of human relations,it poses a realistic and urgent danger to the legal interests of bribery crimes and can be deemed as"may affect the exercise of power."The attribute of"deemed to seek improper benefits"is a legal presumption norm,which does not exceed the boundaries of the crime of bribery and contradicts the principle of legality of crimes and punishments.However,legal presumptions have logical fragmentation,and it should be presumed as seeking improper benefits based on identity conditions,authority conditions,and monetary conditions.
emotional investment-type briberymay affect the exercise of powerspecific potential danger offenselegal presumptiondeemed to seek improper benefits
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