Interest-free loan and conditions of bribery crime
About the issue whether the state-functionary officials who borrow money from others without any interest commit bribery,there are no stipulations whether in China's Criminal Law or judicial interpretations,and in practice there also exist tremendous disparities over the qualitative nature of such cases.The key to dissolving such disparities is to grasp the essence of"trading between money and rights".Interest exempted from borrowed money without interest should be regarded as property in the sense of criminal law.For the certification of"securing benefit for others",the basic judging criterion should be decided by average people's view,combined with the relation between lenders and borrowers,the amount of the interest,the loaning and borrowing of the two parties from other people,and the like,so as to make sure whether there is a consideration relationship between"interest-free loan"and"securing benefit for others".If the relationship persists,it is important to regard the"initiation of execution"and make specific judgements according to specific circumstances:returning or exempting interest,appointing or presuming no-interest,whether the time when the specific borrower borrows is respectively the original time when the money or the intention is revealed,when the contract comes into effect,or may be returned and submitted.If the relationship does not persist,interest-free loan is perfectly legal,belonging to normal loaning and borrowing among the folks.
interest-free loanbriberysecuring benefit for otherstrading between money and rightsconsideration relationship
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