Criminal Judicial Determination of "Revolving Door" Corruption: A Perspective on Power-Related Corruption in the Professional Stage

Abstract

"Revolving door" corruption is often shrouded in a "legal guise," characterized by option-based and covert features. It is primarily divided into two types: post-employment option-based corruption and post-employment influence-based corruption. In criminal judicial practice, difficulties arise in determining the imputation of the criminal subject, the distinction between crime and non-crime, and the differentiation between this crime and that crime. To address these issues, this paper focuses on post-employment option-based corruption. Proceeding from the constitutive elements of the crime, it analyzes core issues such as the relationship between acts of seeking benefits and acts of accepting property, the determination of subjective intent, and the nature of "labor remuneration," comprehensively evaluating whether the conduct constitutes a crime and, if so, which crime.