In practice, some businessmen who have close relationship with the state staff are responsible for "making money" at the "front desk", while the state staff provide help to businessmen wantonly at the "back desk" and become "shadow shareholders". In such cases, businessmen are actually "agents" of the state staff, commonly known as "white gloves". Compared with ordinary bribery cases, "white gloves" corruption cases are more complex in nature. How to effectively combat the new forms of "white gloves" corruption and prevent the unlimited expansion of the scope of punishment to achieve the best punishment effect is worth thinking deeply. It is a common situation in practice that the state functionaries provide or promise to provide the state functionaries with property for the real business activities of "White Gloves" by taking advantage of their positions to provide help for the real business activities of "White Gloves". In such cases, "White Glove" is the petitioner, and the national staff is the briber, which is basically uncontroversial. The only thing that needs attention is the amount and form of bribery. Due to the difference between the explicit expression of asking the trustor to transfer benefits in ordinary bribery cases or "one time" and "timely delivery of property", "White Gloves" is closely related to the state staff. The transfer of benefits between both parties may be carried out by oral agreement and the trustor's long-term custody of property. Therefore, it is not allowed to mechanically decide whether the trustor will deliver the property or store the property separately, As the only standard to judge the amount of bribery crime and the completed or attempted bribery crime, the particularity of the quasi "community of interests" must be fully considered, and the subjective understanding of both parties on bribery and the actual control of national staff on property must be judged in combination with the daily communication between both parties, the communication on property, other money exchanges and other situations. For example, "White Glove" thanked the national staff, said "half of the money I earn is yours", "I have prepared 2 million yuan for XXX (the son of the national staff) to study abroad", etc. In ordinary bribery cases, this kind of communication may not meet the standard of criminal agreement between the two sides, but in "White Glove" cases, considering the special relationship between the two sides, as long as there is such a general and simple communication between the two sides, The corresponding property can be identified as a crime of accepting bribes; For another example, the "White Glove" promised to give money to the state staff, but the money has been kept at the "White Glove". At the same time, the state staff also handed over their other stolen money to the "White Glove" for acceptance, custody or investment. Considering that the state staff have sufficient constraints on the "White Glove" and are able to control the bribery money held on behalf of the state staff, the "commitment money" should be recognized as an accomplished bribery rather than an attempted bribery. The national staff provide help for the "white gloves" non real business activities, and the profits are shared by two people. In the practice of joint bribery crime, the national staff and the "white gloves" are not engaged in real business activities, but engaged in "patchwork". For example, if the national staff directly subcontracts the project, the "introduction fee" will be charged in proportion; Help suppliers sell products through national staff to obtain "consulting service fees"; Help applicants obtain scarce licenses, charge "financial advisory fees", etc
Edit：sishi Responsible editor：xingyong
Source：http://www.people.com.cn/
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