Research On Difficult Problems In The Crime Of Influence Bribery

Subject of influence bribery is a special subject. Both governmental employees and non-governmental employees may become a subject of this crime. The scope of "close relatives" shall be subject to the scope stated in on Some Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (trial implementation) issued by the Supreme People's Court. "Closely related person" shall be broadly understood and determined through subsequent judgment and prior judgment. Determination of the scope of resigned governmental employees shall be made on the basis of permanent and absolute resignation.Convenient conditions for formation of authority or status in the crime of influence bribery mean the relationship where authority or status of a governmental employee self has sufficient influence on other governmental employees without official subordination or constraint. "A larger amount" shall be RMB 5,000 in minimum. Therefore, acceptance of properties shall constitute accomplished offense. "Wrongful benefits" include "illegal benefits" and "rightful benefits obtained by wrongful means".The scope of convenient conditions for formation of former authority or status of resigned governmental employees shall follow opinions of "Official Subordination Theory", i.e., longitudinal influence formed based on former official subordination or constraint and latitudinal influence formed by the actor by making use of influence generated by his authority or status and certain work relationship although without official subordination or constraint.If the governmental employee knows the trustee accepts briberies but seeks for wrongful benefits for the requestor without taking any benefits, such governmental employee shall be determined as an accomplice of the crime of bribery and a abettor of the crime of influence bribery in accordance with the fact whether the trustee and such governmental employee have common and joint property relationships. If the government takes benefits but has no common property relationships with the trustee, competition of articles of law with the crime of bribery will take place, and such employee shall be determined as an accomplice of the crime of bribery.In case of request using influence at multi-steps, related parties shall be determined as accomplices of the crime of misuse of authority, the crime of malpractice for personal gains or the crime for influence bribery. On many occasions, influence bribery and bribery introduction are jointly punished. For behaviors of the requestor, it is recommended to add an independent provisions following Article 388 of the criminal law during the future amendment by means of citing facts about a crime, i.e., "the requestor who provides properties to the foregoing bribe for the purpose of obtaining wrongful benefits shall be sentenced to imprisonment or detention less than three years. If a large amount is involved, such requestor shall be sentenced to imprisonment above three years but less than ten years and fined concurrently. In addition, clauses about unit crimes shall be stated and accusation shall be "influence bribery".Determination of time validity of the crime of influence bribery is relatively complicated in practice and the time of committing offenses shall be accurately determined in accordance with the time of accepting bribery.