Country Garden press conference gave each reporter 2000 yuan, stayed in a five-star hotel and sent Chanel perfume. Is it a bribe?

Not exactly. Bribery refers to the act of bribing others with money and valuables to satisfy various selfish desires in order to seek illegitimate interests. Bribery refers to bribing state functionaries or other personnel engaged in public services. Generally speaking, the media to which journalists belong are mostly market-oriented institutions or private enterprises, not targets of bribery.

However, there is a crime in the criminal law called bribery of non-state staff. Many people think that bribery is only a restriction on state employees. However, according to the provisions of the Criminal Law, after the establishment of the crime of accepting bribes by non-state employees, the employees of companies, enterprises or other units take advantage of their positions to ask for or illegally accept other people's property and seek benefits for others, or in economic exchanges, they accept kickbacks and labor fees in various names owned by individuals in violation of state regulations. Any large amount of behavior is also a bribe and should be punished by law. Giving gifts and giving money can be regarded as an objective act of accepting bribes, but it can't be regarded as accepting bribes if it doesn't seek illegal benefits.

Because the object of the crime of bribing non-state staff is the honest and fair system of company and enterprise personnel, the normal management activities of company and enterprise, and more importantly, the fair competition order of socialist market economy. In other words, the key to bribery lies in "whether Country Garden seeks illegitimate interests". If Country Garden sends relevant gifts and red envelopes to media reporters, it is to let the media go against the facts, make false reports, exaggerate the facts, or deliberately not report the unfavorable news of the company. For example, asking the media not to report the recent frequent accidents of pastoral projects may constitute seeking illegitimate interests and thus bribing non-state workers. Journalists who accept benefits and report privately will also be accused of accepting bribes by non-state workers. Of course, the amount of this crime is twice that of ordinary bribery, which is 60 thousand yuan. Those who take bribes many times will be counted as the total.

The country garden is a three-day media visit, including the visit plan, hospitality from the headquarters, five-star hotels and transportation expenses. If Country Garden does not ask the media to seek illegitimate interests for it, but asks for ordinary public relations maintenance activities, or seeks legitimate interests and fair reports, then sending perfume and money is only a voluntary act of the enterprise, which does not constitute a crime, but it may constitute an improper gift. This unit can also constitute the crime of bribing non-state staff. According to the law of our country, the staff of companies, enterprises or other units should obtain property in order to seek illegitimate interests. If the amount of bribes is more than 60,000 yuan, it shall be filed for prosecution. The "property" in the crime of accepting bribes includes money, goods and property interests. Property benefits include material benefits that can be converted into money, such as house decoration, debt relief, and other benefits that require money, such as membership services and tourism. The amount of crime committed by the latter shall be calculated according to the amount actually paid or payable.