| Summary: | 碩士 === 國立交通大學 === 管理學院科技法律學程 === 101 === In recent years, it can be observed that Court’s judgment on whether the existence of “Quid Pro Quo Relationship" has played an important role in crime of bribery cases. Nevertheless, the so-called “Quid Pro Quo Relationship” is not clearly defined by any rule of laws, rather, definition and content of this concept are found in various verdicts made by the Highest Court. With absence of definition nor applied range of the “Quid Pro Quo Relationship”, the Highest Court thus has promoted several factors to be used to determine whether or not such concept could be found in individual cases. How the concept is applied in individual cases, however, differs considerably, similar factors fail to produce similar judgment as a result. Courts of all levels tend to make their own judgment when determining the existence of “Quid Pro Quo Relationship”; it is thus can be seen that different verdict judgment is given to cases even with the same factors.
This paper thus attempts to analyze the verdicts released by the Highest Court, factors when judging the existence of “Quid Pro Quo Relationship” in individual cases and obstacles might be encountered when applied by courts. Establishment of judgment standard and analyses of the “Quid Pro Quo Relationship” when applied by the Highest Court are therefore presented in this paper with an attempt to serve as references for Taiwan’s law makers and people working for the legal system.
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