China's "two highs" release typical cases of punishing new and hidden job crimes in accordance with the law

China News Service, Beijing, November 5 (Reporter Zhang Su) China's Supreme People's Court and Supreme People's Procuratorate publicly released six typical cases of punishing new and hidden job crimes in accordance with the law on the 5th.

In recent years, Chinese officials have insisted on investigating both bribery and bribery, and deeply punished new types of corruption and hidden corruption. In order to fully implement the deployment requirements of "enriching effective methods to prevent and control new types of corruption and hidden corruption", the "Two Highs" issued cases and required the people's courts and people's procuratorates at all levels to accurately identify and punish various new and hidden job-related crimes in accordance with the law to help fight hard, protracted and general wars against corruption.

In the "Case of Wang Moumou Accepting Bribery and Using Influence to Accept Bribery", the investigators accurately distinguished between illegal acceptance of property through business opportunities provided by the trustee and normal market behavior. The case clarified that if a business opportunity is obtained through official conduct and is certain to be profitable, and a state employee obtains benefits without actually doing business or taking risks, and the benefits obtained correspond to his official conduct, his behavior constitutes the crime of accepting bribes in accordance with the law.

The case also clarified the method for determining the amount of business opportunity-based bribery crimes. Where both the bribe taker and the bribe giver agree to provide business opportunities for state workers to obtain benefits, and these benefits are formally obtained through market-based transactions, but in essence, they ask the trustee to convey the benefits to the state functionaries as a thank you for the help they provide by using their authority, and the amount of bribes accepted shall be determined based on the actual profit amount of the state workers.

In addition, the "Zhang Moumou Accepted Bribery and Used His Influence to Accept Bribery Case" clarified that if a state employee takes advantage of his position to seek benefits for the client, or arranges for a specific person to go to the client's company to receive salary in name, it is an act of accepting bribes.

The "Liang Moumou Corruption and Bribery Case" clarified that when the procuratorate handles a job-related crime case and discovers that state agency staff embezzled state-owned assets through false civil litigation, the original judgment can be supervised and corrected in accordance with the law through retrial procuratorial recommendations. If the people's court finds upon review that the original judgment, ruling, or mediation document was indeed obtained by the parties to the civil litigation through false litigation, it shall be corrected in accordance with the law.