2 thoughts on “Is it to send a 20,000 yuan red envelope to the leader to violate the law?”
Stuart
Illegal, relevant regulations are as follows: The Supreme People's Court Supreme People's Procuratorate "Explanation of Several Issues on Criminal Criminal Cases for Criminal Criminal Cases": In order to obtain unfair interests, bribe with national staff, with a amount of 30,000 in amount For more than yuan, criminal responsibility shall be investigated in accordance with the provisions of Article 390 of the Criminal Law. The amount of bribery is less than 10,000 yuan or more than 30,000 yuan. If one of the following circumstances, it shall be held criminally responsible for bribery in accordance with Article 390 of the Criminal Law: For bribes above; (2) illegal income for bribery; (3) For bribery to seek job promotion and adjustment; (4) State staff who supervise and manage responsibilities such as safety production and environmental protection, bribery and implement illegal activities; (5) bribery with judicial staff and affect judicial justice; (6) The amount of economic loss caused by More than 500,000 yuan is less than one million yuan. This information The crime of bribery refers to the behavior of giving state staff, collective economic organization staff, or other personnel engaged in public affairs. According to Chinese criminal law, it is a crime of malfeasance. The main characteristics of this crime: (1) The actor is subjective for intentional, the purpose is to use the convenience of the position of state staff, collective economic organization staff, or other personnel who engaged in official duties to seek private interest for themselves. (2) Objectively implementing the behavior of buying state staff or other officials engaged in official duties in bribes such as money, valuables, and satisfying various personal desires. References Source Baidu Encyclopedia Crime
The gifts of small amounts between individuals do not have the interaction of personal purposes and do not constitute a crime. The amount of the same amount shall not exceed 5,000 yuan (reaching 5,000 yuan. If it is out of the incomplete interest, it will not only belong to the bribery, but meet the criteria for bribery).
. If the leader can receive some small gifts based on personal contacts, the quota must be small, and it is not possible to strive for improper benefits for the presencer. If it is reported, it will be included in the bribery assessment. Gifts that receive customers or personnel who have a working relationship are generally required to report the disciplinary inspection committee.
of course, in practice, in the specific life, it is normal to give gifts. The fundamental discipline regulations are prohibited. In the world, it is often difficult to walk without gifts. Walking around the world is hard to walk.
is the Mid -Autumn Festival. It is when the majority of bribes and bribery are very rampant. The crime of bribery will be performed everywhere in the land of Shenzhou. leadership, customers, all those who control resources to control the real power ghosts must go to incense. Even if you fuck them a hundred times in your heart, you have to squeeze with a smile, please laugh enough for bribery!
The crime of bribery () refers to the obtaining unfair interests, giving state staff (including economic exchanges, violating national regulations, and giving state staff with property, or a large amount, or the amount, or the amount, or In violation of national regulations, the national staff will be given the behavior of various names and fees in various names).
The Yongjia County Court of Zhejiang Province opened a trial of the original Wan Wan W and Executive Deputy County Z Xu Dingjin, the original county of Pingyang County. What was unexpected to the court was that Xu Dingjin published a quotation in the court: "I have never received things without collecting money, no bribery, and no crime!" R , Three cases of the crime of bribery and bribery of the unit: The criteria for the crime of personal bribery Is that are suspected of the following circumstances for personal bribery: (1) the amount of bribery amount For more than 10,000 yuan; (2) The amount of bribery is less than 10,000 yuan, but those who have one of the following situations: ① Bringing for illegal interests; ② Bringing to three people; ③ to the party and government and government and government Leaders, judicial staff, and administrative law enforcement officers are bribery; ④ cause major losses to the country or social interests. The criteria for the crime of bribery for the unit In one of the following circumstances for the unit bribery, the crime shall be made: (1) the amount of personal bribery is more than 100,000 yuan, the amount of the unit bribery is 20 (2) The amount of personal bribes is less than 100,000 yuan, and the amount of bribes of the unit is less than 100,000 yuan or more than 200,000 yuan, but those who have one of the following situations: ① those who bribery for illegal interests to seek illegal interests ; ② Bringing to three or more units; ③ Bringing from party and government agencies, judicial organs, and administrative law enforcement agencies; ④ major losses caused by state or social interests. For the crime of bribery of the unit, the standard If part of the unit is suspected of one of the following circumstances, it shall be determined: (1) The amount of bribes of the unit is more than 200,000 yuan; (2 (2 (2 ) The unit is bribery to seek improper interests, with a amount of less than 100,000 yuan or more, but has one of the following situations: ① bribery for illegal interests; ② bribing to three people; ③ to the party Political leaders, judicial staff, and administrative law enforcement personnel bribe; ④ cause major losses to the state or social interests.
The interests that bribes want to get The first category is qualified and legal interests that should be obtained. R n The second category is illegal interests that are not qualified and should not be obtained. If you can get bribery, you can get it in disguise; The third category is between two categories. , Or get faster or more, if you do n’t get bribes, you ca n’t get it, or you get it slowly or less. No matter which category, control and initiative are controlled by the party. From the traceability of the problem to solve the problem, the system design must focus on the bribery of bribery opportunities.
The crime of bribery, pay attention to the following two questions: . The key to the crime of bribery and gift gifts is whether the actor is subjective whether to give national staff with the convenience of the position of the state staff to obtain the criminal purpose of being uniform interest. . The boundary of the crime of bribery and the crime of bribery against the company and corporate personnel
The specific provisions of the gift of gifts: . The initiative to explain before being sued, and there is a major performance. Criminal responsibility; . Initially explained before being sued, it can reduce the punishment or avoid punishment; . The bribes are more than 5,000 yuan, and they are in prison or detention for less than 5 years; Fourth, if the circumstances are serious, or if the national interests suffer significant losses, they will be imprisoned for 5 years and less than 10 years; . The circumstances are particularly serious.
Illegal, relevant regulations are as follows:
The Supreme People's Court Supreme People's Procuratorate "Explanation of Several Issues on Criminal Criminal Cases for Criminal Criminal Cases": In order to obtain unfair interests, bribe with national staff, with a amount of 30,000 in amount For more than yuan, criminal responsibility shall be investigated in accordance with the provisions of Article 390 of the Criminal Law.
The amount of bribery is less than 10,000 yuan or more than 30,000 yuan. If one of the following circumstances, it shall be held criminally responsible for bribery in accordance with Article 390 of the Criminal Law: For bribes above;
(2) illegal income for bribery;
(3) For bribery to seek job promotion and adjustment;
(4) State staff who supervise and manage responsibilities such as safety production and environmental protection, bribery and implement illegal activities;
(5) bribery with judicial staff and affect judicial justice;
(6) The amount of economic loss caused by More than 500,000 yuan is less than one million yuan.
This information
The crime of bribery refers to the behavior of giving state staff, collective economic organization staff, or other personnel engaged in public affairs. According to Chinese criminal law, it is a crime of malfeasance. The main characteristics of this crime:
(1) The actor is subjective for intentional, the purpose is to use the convenience of the position of state staff, collective economic organization staff, or other personnel who engaged in official duties to seek private interest for themselves.
(2) Objectively implementing the behavior of buying state staff or other officials engaged in official duties in bribes such as money, valuables, and satisfying various personal desires.
References Source Baidu Encyclopedia Crime
The gifts of small amounts between individuals do not have the interaction of personal purposes and do not constitute a crime.
The amount of the same amount shall not exceed 5,000 yuan (reaching 5,000 yuan. If it is out of the incomplete interest, it will not only belong to the bribery, but meet the criteria for bribery).
. If the leader can receive some small gifts based on personal contacts, the quota must be small, and it is not possible to strive for improper benefits for the presencer. If it is reported, it will be included in the bribery assessment. Gifts that receive customers or personnel who have a working relationship are generally required to report the disciplinary inspection committee.
of course, in practice, in the specific life, it is normal to give gifts. The fundamental discipline regulations are prohibited. In the world, it is often difficult to walk without gifts. Walking around the world is hard to walk.
is the Mid -Autumn Festival. It is when the majority of bribes and bribery are very rampant. The crime of bribery will be performed everywhere in the land of Shenzhou.
leadership, customers, all those who control resources to control the real power ghosts must go to incense. Even if you fuck them a hundred times in your heart, you have to squeeze with a smile, please laugh enough for bribery!
The crime of bribery () refers to the obtaining unfair interests, giving state staff (including economic exchanges, violating national regulations, and giving state staff with property, or a large amount, or the amount, or the amount, or In violation of national regulations, the national staff will be given the behavior of various names and fees in various names).
The Yongjia County Court of Zhejiang Province opened a trial of the original Wan Wan W and Executive Deputy County Z Xu Dingjin, the original county of Pingyang County. What was unexpected to the court was that Xu Dingjin published a quotation in the court: "I have never received things without collecting money, no bribery, and no crime!" R
, Three cases of the crime of bribery and bribery of the unit:
The criteria for the crime of personal bribery
Is that are suspected of the following circumstances for personal bribery:
(1) the amount of bribery amount For more than 10,000 yuan;
(2) The amount of bribery is less than 10,000 yuan, but those who have one of the following situations: ① Bringing for illegal interests; ② Bringing to three people; ③ to the party and government and government and government Leaders, judicial staff, and administrative law enforcement officers are bribery; ④ cause major losses to the country or social interests.
The criteria for the crime of bribery for the unit
In one of the following circumstances for the unit bribery, the crime shall be made:
(1) the amount of personal bribery is more than 100,000 yuan, the amount of the unit bribery is 20
(2) The amount of personal bribes is less than 100,000 yuan, and the amount of bribes of the unit is less than 100,000 yuan or more than 200,000 yuan, but those who have one of the following situations: ① those who bribery for illegal interests to seek illegal interests ; ② Bringing to three or more units; ③ Bringing from party and government agencies, judicial organs, and administrative law enforcement agencies; ④ major losses caused by state or social interests.
For the crime of bribery of the unit, the standard
If part of the unit is suspected of one of the following circumstances, it shall be determined:
(1) The amount of bribes of the unit is more than 200,000 yuan;
(2 (2 (2 ) The unit is bribery to seek improper interests, with a amount of less than 100,000 yuan or more, but has one of the following situations: ① bribery for illegal interests; ② bribing to three people; ③ to the party Political leaders, judicial staff, and administrative law enforcement personnel bribe; ④ cause major losses to the state or social interests.
The interests that bribes want to get
The first category is qualified and legal interests that should be obtained. R n The second category is illegal interests that are not qualified and should not be obtained. If you can get bribery, you can get it in disguise;
The third category is between two categories. , Or get faster or more, if you do n’t get bribes, you ca n’t get it, or you get it slowly or less.
No matter which category, control and initiative are controlled by the party. From the traceability of the problem to solve the problem, the system design must focus on the bribery of bribery opportunities.
The crime of bribery, pay attention to the following two questions:
. The key to the crime of bribery and gift gifts is whether the actor is subjective whether to give national staff with the convenience of the position of the state staff to obtain the criminal purpose of being uniform interest.
. The boundary of the crime of bribery and the crime of bribery against the company and corporate personnel
The specific provisions of the gift of gifts:
. The initiative to explain before being sued, and there is a major performance. Criminal responsibility;
. Initially explained before being sued, it can reduce the punishment or avoid punishment;
. The bribes are more than 5,000 yuan, and they are in prison or detention for less than 5 years;
Fourth, if the circumstances are serious, or if the national interests suffer significant losses, they will be imprisoned for 5 years and less than 10 years;
. The circumstances are particularly serious.