The Judicial Cognizance Of Bribery Crime Using Influence

The happening of Bribery Crime has being in high level in recent years, and the criminal measures of it becomes diversity and complicated. Among the bribery crimes that have been found in our county, the bribery crimes using influence becomes more and more. Many relatives of the officers commit the bribery crimes for getting illegal property to others by making use of the officers'influence, which is badly for the socialism legal system and not regulated by law in a long time until the artic 13 of "penal code as amended (7)" passed on February 28 2009.As a new criminal charge, deep research is still needed in many aspects.Researches is around the constituting items of bribery crime making using of influence in this paper, this paper is composed of 4 parts except the foreword:Part 1 is discussing the subjects of the bribery crime using influence. Because there is not definite regulation to close relationship persons, close relatives, fore officers, the writer researches the range of close relationship persons and fore officers, and the definition of close relatives, deeply. The cognizance of close relationship persons is according to the knowing time, contacting times and other facts; the range of close relatives should be according to the regulations of administration litigation law; fore offices should be the resigned,dismissed and retired officers: The definition of "national functionary" mainly depends on their job relating to the public affairs or not.Part2 is mainly explaining the subject intentions of bribery crime using influence, getting a fact that the bribery crime using influence could be committed only with direct intention by researching the form and content of it.Part 3 is discussing the object important items of the bribery crime using influence, the definition of the influence and the 3 ways of making use of it. The influence means the ability of influencing and changing other person's mental state and behavior in the social intercourses, making use of the convenience of position should not include the advantage condition formed by using one's own authority and position; the bribery without engagement should not treated as crime.Part 4 is discussing the diffidence between the bribery crime using influence and similitude crimes and discussing the cognizance of joint bribery crime firstly, and demonstrating that the none officers could be the joint offenders of the bribery crime, firstly; then, analyzing the differentiation among the bribery crime using influence,joint bribery crime,mediate bribery crime and blackmail form the aspects of subjects,intentions and behaviors, and combined with the cases and concrete situations for understanding this crime comprehensively and deeply.