The Theory and Practice of State Officials and Their Relatives Committing Bribery Crimes

Author: Li Weidi
Publisher:
Publish Date: 2003-08-01
Features: It has long been the case that relatives and officials colluded in accepting bribes, but this book represents the first attempt to study this phenomenon as a dedicated subject. In recent years, under the leadership of the Party, anti-corruption efforts have been consistently pursued, targeting both "tigers" and "flies," with significant achievements. However, it cannot be denied that the anti-corruption struggle has yet to achieve the desired results. High-profile corruption cases continue to emerge without signs of abating, which necessitates reflection: why are there still so many people daring to defy the wind and act greedily? Moreover, procuratorial organs often face an awkward situation: when a petitioner confesses to bribery and bribes are recovered from the relatives of public officials, while the petitioner also benefits from the public official's position, it remains impossible to prove the public official's knowledge of the bribery. As a result, the bribery charge against the public official cannot be substantiated. Perhaps those "high-intelligence" bribe-takers have precisely identified this legal loophole, engaging in "division of labor" in accepting bribes. The author's unique perspective on kinship allows this book to stand out. Both the Expert Proposal for the Civil Evidence Law and the Expert Draft for the Criminal Evidence Law propose a "right to refuse testimony," stipulating that individuals with kinship ties can refuse to testify, such as a wife refusing to testify against her husband or a father refusing to testify against his son. This is based on the of kinship, but how to combine the right to refuse testimony with presumptive proof—this warrants further study in academia.