Research On The Use Of Influence Bribery Crime

The amendment to the criminal law of February 28,2009, the Eleventh National People’s Congress Standing Committee of the seventh meeting examined and adopted the "Regulations" (seven), in the "criminal law" the 388 postone article shall be added as one of 388th, is to use the influence of bribery crime.The added influence of bribery in our countr is the major historical breakthrough of punishing corruption crime on the criminal legislation, the additional objective is not only to make up for the lack of criminal legislation, but also to meet the need of reality in China’s struggle with corruption, is conducive to open to prevent the corruptive law, also to the historical trend of international anti-corruption society. But to use the influence of bribery is after all"criminal law" the new charges, on the one hand, in the judicial practice, to use the influence of bribery is not common in the application of the law, on the other hand, the relevant legislation and judicial interpretation is not perfect, the academia has not formed a unified opinion, lead to the same of inconsistency different regionalprocessing and application results. Based on this, the author thinks it is necessary to combine the crime legislationand relevant legal provisions, the academic discussion and practical case review and interpretation of the recognizeddifficult problems of this crime, and look forward to supplement the legislation and judicial practice of our country’s current perfect provide advice.First of all, define the problem about "close relatives" and "close" and the two fuzzy concept in determining subject to use the influence of bribery in. "The scope of the concept of close relatives" in different law departments involved inthe slightly different, among which "criminal procedure" is the most narrow. Although it should not affect the determination of crime, but in accordance with the "master criminal procedure law", grandparents are shall classified to other closely related personnel. So I think, for the unification of law enforcement, the highest judicial authority should make this clear explanation. In addition, in the "two high for bribery in criminal cases the law applicable to the views of a number of issues" in the use of "special relationship", some scholars believe that theconcept has been widely accepted and used, can continue to apply to use the influence of bribery in. But if thesubject influence crime is only limited to the "range of specific relation person" is relatively narrow, and is not conducive to punish the crime of corruption. Secondly, the honesty of the object of bribery crime violate the State functionaries, but this crime, national staff in the case did not accept bribes, don’t even know his near relatives of accepting bribes, so the object of this crime is hardly the honesty of the national staff duty behavior. Once again, the objective aspect in the range by the objective aspects of bribery related influence and improper interests and bribery crime commonness, but also its personality, how to distinguish in the judicial cognizance is controversial and not perfect.Accordingly, to identify and distinguish bribery crime by the influence on the subjective aspect and objective behaviorthere are many disputes, need to pass legislation and judicial interpretation clearly filing and review standards,released through a typical case the criminal judicial practice in to know, to perfect in this crime in judicialreview.