On The Use Of Influence On Bribery

As a crime of serious violation to the government staff members,bribery crime is a critical national clean government problem which has been a hot issue in the judicial practice.Due to some historical and political reasons,our bribery has been in a state of relatively lagging and also has some vulnerable spots.In 2009,"Criminal law Bill for amendment (seven)"added’ bribery crime by the influence’. The new emergence expands the original subject of the crime in the system in our country penal code;however,it also makes the internal contradictions and logical conflicts of the original system revealed. The subjective identity of bribery crime by the influence is the issue.There are blurred lines between bribery crime by the influence and co-bribery to a certain extent.How to distinguish them is a one of questions on issue by criminal law theory and judicial practice.The issue led directly to the difficulty in cognizance this crime and that crime in judicial practice.Due to the different opinions in the criminal law scholars,the quality and measurement of penalty in such cases is partly affected in judicial practice.Moreover it has influenced the efforts to crack down on such crimes.Be opposed to corruption and construct a clean government is a distinct political stance of the communist party of China adheres to and also a major political issue of people’s attention.On November 9 to 12,2013,the 18th session of the central committee the third plenary session of the communist party of China was held in Beijing. It puts forward the construction of clean politics, new requirements of efforts to implement cadre and clean government political correctness.From 2013 to 2014, the cull at some corrupt officials and the no tolerance towards corruption by the Central Committee of the Communist Party of China show that we have put corruption to the sword. Anti-corruption is bound to become the strongest of the times. Now anti-corruption is becoming a strong voice and a focus point of the national judicial front. It has very important practical significance in analyzing and comparing with bribery crime by the influence and co-bribery. In this paper, I intend to combine the focus of controversy specific cases with judicial practice, significance the concept and status of bribery crime by the influence. Respectively analyze and discuss the following issues in detail, The subjective identity of bribery crime by the influence; the boundaries of bribery crime by the influence, bribery crime and medi-bribery crime. Also discuss the common point of bribery crime by the influence. I wish it could help provide some ideas dealing with similar cases in the judicial practice in the future work.