中国最高人民法院与最高人民检察院发布6件惩治新型、隐性职务犯罪典型案例,明确了商业机会型受贿、挂名领薪及虚假诉讼侵吞国有资产等行为的定罪标准,旨在深入推进反腐败斗争。
AI-generated summary
中国官方近年来持续推进受贿行贿一起查,并致力于寻找防治新型及隐性腐败的有效办法。
中新社北京11月5日电 (记者 张素)中国最高人民法院、最高人民检察院5日公开发布6件依法惩治新型、隐性职务犯罪典型案例。
近年来,中国官方坚持受贿行贿一起查,深入惩治新型腐败和隐性腐败。为全面贯彻落实“丰富防治新型腐败和隐性腐败的有效办法”部署要求,“两高”发布案例,并要求各级人民法院、人民检察院精准识别、依法惩治各类新型、隐性职务犯罪,助力打好反腐败斗争攻坚战、持久战、总体战。
在“王某某受贿、利用影响力受贿案”中,办案人员准确区分通过请托人提供的商业机会非法收受财物与正常市场行为的界限。该案明确,对于商业机会系通过职务行为获取且确定能够获利,国家工作人员不实质经营、不承担风险即获取利益,所获利益与其职务行为具有对应性的,其行为依法构成受贿罪。
该案还明确商业机会型受贿犯罪的数额认定方法。对于受贿人与行贿人双方合意通过提供商业机会使国家工作人员获取利益,这些利益形式上是通过市场化交易方式取得,实质上是请托人为感谢国家工作人员利用职权提供的帮助而输送好处的,受贿数额以国家工作人员实际获利数额认定。
此外,“张某某受贿、利用影响力受贿案”明确,国家工作人员利用职务上的便利为请托人谋取利益,本人或者安排特定关系人到请托人公司挂名领薪的,属于受贿行为。
“梁某某贪污、受贿案”明确,检察机关办理职务犯罪案件中,发现国家机关工作人员通过民事虚假诉讼方式侵吞国有资产的,可以通过再审检察建议方式依法监督纠正原裁判。人民法院审查认为原判决、裁定、调解书确系民事诉讼当事人通过虚假诉讼获得的,应依法予以纠正。
The 25th Session of the Standing Committee of the 14th National People's Congress voted to pass the Anti-Cross-Border Corruption Law on November 6. It consists of 6 chapters and 47 articles, covering mechanisms and responsibilities, case handling and international cooperation, integrity and compliance, legal liability, etc., and will come into effect on the date of promulgation.
A reporter from the "Rule of Law Daily" investigation found that a large number of ADHD self-measurement scales on online platforms have randomly deleted questions and lack reliability and validity, but give labels of light, medium and heavy, causing anxiety; some merchants combine ADHD with paid courses, structured supervision services and toy products for marketing. Experts point out that ADHD diagnosis needs to be completed by professional psychiatrists in regular hospitals, and online self-measurement scales cannot be used as a basis for diagnosis. Related online content, self-measurement scales and market services need to be standardized urgently.
The Supreme People's Procuratorate released a typical case, revealing that Liu, under the guise of a "real estate agency", collected "first-hand landlady" housing information published on the Internet and sold it overseas, making an illegal profit of more than 190,000 yuan. The victim, Ms. Li, was defrauded of more than 290,000 yuan by overseas criminals. The court sentenced Liu to three years and six months in prison and fined him 200,000 yuan for infringing on citizens' personal information. The prosecutor's office reminds that the personal information that has been disclosed is not a "public resource" that can be resold at will.

The New Taipei District Court is hearing the case of a substitute named Wen who was killed by Duyuan Taxi driver Lin Yujun after throwing his bag on Line 64. The defendant only admitted negligence causing death. The family denounced him as cold-blooded and asked for a life sentence. The prosecutor asked for 11 years in prison for the crime of abandonment causing death. The whole case will be sentenced tomorrow afternoon.
The 4th Forum on Integration and Development of the Rule of Law was held in Hong Kong on the 5th, co-organized by the Commissioner's Office of the Ministry of Foreign Affairs in Hong Kong and the Department of Justice of the Hong Kong SAR Government. Many legal professionals jointly discussed building Hong Kong into a comprehensive international dispute resolution hub to serve the country's foreign-related rule of law.

Hong Kong pro-democracy activist Joshua Wong was sentenced to 10 years in prison by the Hong Kong High Court for violating the "Hong Kong National Security Law" by "conspiracy to collude with foreign forces to endanger national security." February 2 will be served concurrently with the sentence for the "Democratic Primary 47 Case". The judge set a starting point of 13 years for sentencing, which was reduced by three years due to the guilty plea and plea. Joshua Wong was originally expected to be released in January 2027, but the new sentence will require him to be free until he is 40 years old.