Use Some Difficult Problems Influence On Corruption Charges

"Crime of bribery by use of one’s influences" is a newly-added criminal charge in 《Amendment (Seventh) to Criminal Law》. The crime herein has aroused widespread concern in the academic and practical fields. Nevertheless, in dealing with some perplexed problems concerning this crime, theorists have not yet carried out an in-depth and detailed study. This article, based on the provisions in regard to the "Crime of bribery by use of one’s influences" in 《Amendment (Seventh) of Penal Code》, after reading and studying intensively the existing writings and thesis, according to the inadequate of original research and debates, attempts to provide a further explanation and clarification for some perplexed problems concerning this crime.This article is divided into four parts:The first part is an overview on the crime of bribery by use of one’s influences. This part took the definition of charge as the point of departure, has analyzed several points of this charge and pointed out where the problems of the previous four points are. The article considers that, this crime being defined as "crime of bribery by use of one’s influences" might be appropriate rather better; With regards to legal interests on which this crime encroached, by means of analyzing et evaluating all the points of view, the article demonstrates that, which the crime of bribery by use of one’s influences encroached on are the justice of state functionaries" behaviors and the public confidence in the justice.The second part is divided into the subject of crime of bribery by use of one’s influences. This part has analytically researched on "state functionaries","ex-state functionaries","close relatives","involved persons", it was pointed out that, the definition of "close relatives" should take 《Interpretation of the Supreme People’s Court of Some Issues concerning the Application of 〈Administrative Proceedings Law of People’s Republic of China〉》 as the standard one; To determine "involved persons" first of all consider whether there is a certain kind of relationship, followed by taking into account whether closely related, only both prepared can we regard a certain person as "involved person"The third part is the objective essential conditions of crime of bribery by use of one’s influences. This article believes that, to divide "influences" into "authority influences" and "non-authority influences" will be more accurate and appropriate; As in the 《Amendment (VII) to Criminal Law》 on the provisions of the "bribery" broke through the boundaries of belongings, so for the scope of bribery this paper has adopted "theory of need". The point of view in this paper is that,"seeking illegitimate interests for others" should be a part of the objective essential conditions.The fourth part is on criminal patterns of bribery by use of one’s influences. This part points out that, the Specific Provisions of Criminal Law of China takes "consummated crime" as the mode and the premise, has analyzed the boundaries between attempted and consummated crimes; The paper shows that, the national functionaries may constitute a complicity of the bribery by use of one"s influences, when they have not only become a complicity of the bribery by use of one’s influences, but also constituted the crime of bribery, they would be treated as imaginative jointer of offenses.