On The Crime Of Non-Officials Using Their Influence

February 2009 the "PRC Criminal Law Amendment" (7) Article 13 of the impact of the use of bribery, the crime of bribery in China set to further improve the content system of crime, to make up the loopholes in our criminal law, a strict Criminal French Open, has increased the punishment of bribery efforts, to promote international anti-corruption criminal legislation is also important. On the other hand, the expression in the language of this crime there is still a lot of ambiguity and imperfections, such as "near relative" of the scope of what is "close", etc, with bribery and other crimes of crime limits has also become a major problem. The crime author tries to do a thorough analysis and appraisal, in order to clarify the legal characteristics of the crime, to better serve the judicial practice.This article is divided into three parts:The first chapter is an overview of using the influence of taking bribes. I believe that the additional use of the main reasons for taking bribes influence domestic judicial practice is urgent need for additional value of this crime is to make up the biggest loopholes in our criminal law, strict criminal law.The second chapter is the focus of this article. The object of this crime should be on the author believes that the crime of bribery is the same object; in the objective conduct, can be summed up in three ways; the perpetrator, "the use of national staff to facilitate the formation of authority or status of condition" is to use " influence." On the subject of crime, the author advocates the "near relative" shall apply "to explain the Administrative Procedure Law" in the designated range; that "close" the standard of behavior to judge people by whether the use of national staff have sufficient influence. Subjective aspect of this crime is a direct intentional crime.Chapter influence of bribery by a number of justice issues. I believe that the boundaries of Crime and non Crime the amount and circumstances of the crime of bribery should be considered; constitute the crime should be emphasized that conspires with bribes.