Huang Yixi remembered hearing one thing before, a friend hadn't cared about politics for several years, and one day he suddenly took an exam, and he almost didn't know how to write some golden oil words, the leader, the big guys on the stage took turns to fill in the questions, question and answer questions, and copied the recent boss's conversation over and over again, and afterwards he said triumphantly, "Even if it's not right at all, the teacher who corrected the paper doesn't dare to cross it, and he will definitely give one or two points." ”

It's shameless to say, I heard that his grades were still qualified that time.

However, it is also a kind of ability for people to be like this, as the opposing side of the three arguments and four arguments, the two of them did not hesitate to applaud the positive side of the debate.

Zhengfang also bowed frequently, and he was also very satisfied with his good start or the effect of getting off the horse.

Professor Li Jun waited for the applause to pause for a while, and then spoke, "Let's listen to how lawyer Song Lili broke the topic and made a decision on the opposing side, and the time is also three minutes, please." ”

Lawyer Song took a deep breath, his chest was turbulent, and he stood up like a mountain and a river, and then said sharply: "Leaders, judges, teachers, colleagues, the arguments of the positive argument are very clear, I have to say ......"

The audience was ignorant, and they were all stunned. You just need to establish the argument at the beginning of the argument and praise the other party? Show that you are a big measure, who in law does not know that the other party's argument is a view that the majority agrees with, otherwise how can it be written on the positive side, and you don't have to express it publicly if you agree.

Shang Luoyu's thousand-year-old face finally had a little crack, and he regretted it in his heart. At that time, he felt that compared with Huang Yixi, Kang Mingyang's thinking was lively and flexible, Song Lili's performance was a little dull, and Mandarin was very standard, so he arranged Song Lili in the position of the first debate, not asking her to be meritorious, but asking for no fault.

I didn't expect that as soon as she opened, she would rebel, this hasn't really started yet, it's about to collapse, this is this? Shang Luoyu and the three of them looked at each other, if there was an orderly crack in the scene, they would not hesitate to get in!

Fortunately, Song Lili is not blind, she originally thought that praising the other party first and then presenting her own views would deepen everyone's impression and show her generosity, but now, the consequences seem to be unbearable.

Song Lili hurriedly went back, "Yes, the integrity of state functionaries' professional conduct cannot be violated, but according to the provisions of China's criminal law, the composition of the crime of accepting bribes not only requires, but also requires that there must be an act of soliciting property from others or illegally accepting property from others.

In this case, Zhang San did not have the subjective intent to trade power for money, nor did he have the objective act of exchanging power for money, and according to the principle of unity of subjectivity and objectivity in the Criminal Law, Zhang San's conduct did not constitute a crime.

The reason is as follows: Zhang San does not have the subjective elements of the crime of accepting bribes. The subjective aspect of the crime of accepting bribes is direct intent, which is reflected in the fact that the perpetrator is able to realize that the receipt of property has a consideration relationship with the convenience of his position.

In this case, Zhang San's subjective attitude can be divided into two stages: in the first stage, before Wang Wu submitted his request, Zhang San only suggested that Li Si accept it, and Li Si had the final say on whether to accept it or not. In the second stage, after Wang Wu made a request, Zhang San immediately stated: "You go and use it, I don't want it!" No matter what stage it is, Zhang San does not have the subjective intention of accepting other people's property......

To sum up, we believe that Zhang San's behavior does not constitute a crime. ”

Fortunately, although Song Lili's later statement was not brilliant, it was also decent, Huang Yixi and others relaxed, especially Kang Mingyang, who was already wiping his sweat with a piece of paper, and he felt more tired than when he went up to speak.

According to the rules of this debate competition, both sides will enter the free debate stage immediately after expounding their views, but in the first round of free debate, the second and third debates will be alternated by the parties, and then they will be free to ask questions.

"We dare not agree with the opposing arguments......"

After Song Lili finished speaking, the second argument of the positive side immediately stood up, opened fire, and took the opportunity to pursue: "Zhang San, as Li Si's boss, has an interest relationship with Li Si, and the benefits received by Li Si are his express consent, and he also seeks benefits for Wang Wu, and the failure to realize the interests is not his subjective reason, but objectively impossible, and the crime of accepting bribes is basically explained very clearly, and those who solicit other people's property can constitute the crime of accepting bribes regardless of whether they "seek benefits for others".

Those who illegally accept property from others must also meet the conditions of "seeking benefits for others" in order to constitute the crime of accepting bribes. However, whether the benefits sought for others are legitimate and whether the benefits sought for others are realized does not affect the determination of the crime of accepting bribes, so Zhang San's conduct constitutes the crime of accepting bribes. ”

After the host spoke up, Kang Mingyang couldn't wait to stand up and emphasized the objective elements that Song Lili did not make clear just now: "Zhang San's behavior does not meet the objective elements of the crime of accepting bribes.

The objective elements of the crime of accepting bribes include acts of means and acts of purpose, both of which are indispensable.

Judging from the facts of the case, Zhang San's behavior can be divided into two levels: first, he promised to help, and second, he refused to accept money.

We do not deny that Zhang San has acted to help others, but, looking at the entire case, it is Li Si who accepted other people's property, and took possession and use of it, Zhang San did not achieve actual control over the property, and lacked the purpose of accepting other people's property.

Therefore, Zhang San promised to help, all for friendship, not money, and bribery. We can't mechanically conclude that Li Si's acceptance of money is equivalent to Zhang San's bribery just because Zhang San is the head of the housing management department. ”

Con Mingyang finally concluded with the famous quote on page 179 of Plato's "Ideal Republic", "Plato said, in my opinion, the crime of killing by mistake is still small, confusing beauty and ugliness, good and evil, justice and injustice, and deceiving the world and confusing the public, and its sin is great."

In this case, it is true that Zhang San was at fault for taking advantage of his position, but ignoring Zhang San's subjective reluctance to accept and objective failure to accept it is even more wrong. ”

I have to say that this is quite an academic style, and the scene that suddenly pulled Huang Yixi to the university and fought side by side with Yu Qiu, but she was not allowed to desert at this time, but her morale suddenly rose.

The third debater was very big, and his voice was buzzing, and when he was debating his opinions, he was a little excited, his body was about to lean out of the table, and his eyes were wide and round, like brass bells.

He looked at Huang Yixi as if she was Zhang San, and had to say that it had a deterrent effect, "The crime of accepting bribes not only refers to taking advantage of one's own position, but also includes taking advantage of a third party's position." The benefits he received were not only used for himself, but also for his family members or a third party, and Li Si himself was a state functionary, and he had a position restraint relationship with Wang Wu's state functionary, and at the same time he took advantage of this position constraint relationship, and Li Si was the subject of the crime of accepting bribes. Zhang San became an accomplice to the crime of accepting bribes. ”

.com。 Wonderful Book House .com