On The Use Of Influence On Bribery

The Criminal Law Amendment of 2009 recognized “Bribery crime by the influence” as a new law. The new crime remedies legal loophole in the bribery crime and the criminal law. However, there is little judicial practice in China.The main reason of this phenomenon is that there are still many disputes and difficulties on the judging of this crime.To make a deep exploration on the problem, this paper aims to analyze and sum up the author’s own opinions basing on the typical bribery case. First of all, the range of “close relatives”of this bribery crime should refer to spouse, parents, children and siblings. Second, the vague definition of "close" in the provision needs to be clear in order to avoid the problems showing in the application of legal procedure. Third, the state functionaries should be included in the subject aspect of this crime. Last but not least, the relevant factor of influence is more appropriate to define as the non-power influence.