On The Bribery Crime Of Non-Officials Using Their Influence

The bribery crime of non-officials using their influence is a new charge as a provision of the Amendment VII to Criminal Law. Its aim is to regulate the conducts that closely related persons of public servants, public servants who have already left office and their closely related persons accept bribes, then pursuit profits for some ones. The reason to add this provision is to offer supports for anti-corruption work. So there are many distinctive characters with it. Because of its youthful, the researches are insufficient. In the aspects of component, criminal patterns and so on, there are so many debates and no conclusion. It is necessary to make a deeply discussion about these problems. To define the conducts, this paper discuss deeply about component, criminal patterns, joint offenders and so on by comparative studies.In this paper, about 30000words, divided into six parts:Part I:"The summary". This part introduces the characters, natures and name of the bribery crime of non-officials using their influence. It has been emphasized that the bribery crime of non-officials using their influence is independent. It can not be treated as a new pattern of the bribery crime.Part II:"The object". This part is totally about the object of the bribery crime of non-officials using their influence. Because of the differences between the bribery crime of non-officials using their influence and the bribery crime, their objects have differences too. The nature of bribery crime of non-officials using their influence is not the exchange between power and money. It should be the reliance interests of citizens.Part III:"The subject". This part is totally about the definition of the subject of the bribery crime of non-officials using their influence. The scopes of"closely related persons","public servants who have already left office"and"close relatives"are obscure."Closely related persons"should be limit as"close relatives"."Public servants who have already left office"should be named as"pre-public servants".Part IV:"The objective representative". This part defines the methods and objects of the bribery crime of non-officials using their influence. First,"conduct about duty"should be understood as official acts. The second,"through"should be a word including subjectivity and objectivity. The third,"accommodation"should be understood widely. Part V:"The subjective representative". This part totally discusses the offence form, the contents of intent and the purpose of crime. The offence form is intent, and only can be direct intent. The content of the purpose is pursuing profits for some ones.Part VI:"The comparisons between the bribery crime of non-officials using their influence and the bribery crime". This part is totally about the comparisons between the two crimes, in order to support the defining of them. First, the differences exist in their component. The second, it should be notice that we must make a concrete analysis of a concrete problem.Part VII:"Joint offenders". This part analyses the joint offenders of the bribery crime of non-officials using their influence delicately. When many closely related persons conduct crime together, they should be charged as the bribery crime of non-officials using their influence. When closely related persons conduct crime with some ones, they should be charge according to their subjectivities. When closely related persons conduct crime with public servants, they should be charged differently in different circumstances.