Using Influence Bribery Crime Main Body, Objective Aspect Question Research

The Article 13 in the PRC's "the Criminal Law Amendment (g)" added the bribery crime for using the subject's influence. This essay has mainly studied bribery subject, the crime objective aspect and the related questions.In this crime, the definition of "the close relative" should take the 82nd (six) in Criminal Procedure as a standard, because adjustment in "the Criminal Law Bill for amendment (seven)" refers only to what the crime is and the penalty questions. When it comes to the boundary of the crime, we should apply it to the Criminal Law and we can't transplant the fixed concept arbitrarily. "Close person" should be distinguished from the "special relationship people" and we should judge them according to the relationship between the main body and the briber, the degree of the relationship and whether the perpetrators has substantial influence on the national staff. National staff may also become the subject of the crime. Council can extend the crime subject to a unit.The important character of the crime objective of this performance is the use of "influence". The "influence" is not the power impact, is the essential features to definite the bribery crime. The definition of "influence" is not only from the crime subject to comprehensively analyze, but also from the briber, bribee, the exploited national staff to determine the whether the actor has "influence." "Undue interest" includes not only the interests of the illegal entity, but also the illegally obtained and procedural interests. And for others to seek "undue interest" can only be achieved in the implementation stage and does not include a commitment to stage. "Property" includes not only the general sense of financial and material, should also include all the available money valuation property interests, but does not include non-material interests.