On Intimate Person Of Crime Of Bribery By Using Influence

Crime of bribery by using influence has been added in PRC Criminal Law Amendment (The Seventh)(the following abbreviation as The Criminal Law Amendment Act (The Seventh). Theory circle highly pay attention to this crime.Since The Criminal Law Amendment Act (The Seventh) introduced, the community highly focuse discussion on this crime. The main cause is which crime of bribery by using influence is consided the staff of State of close relatives and other closely relatives, separation of the state personnel, as well as their close relatives or other closely relatives should be within the scope of the bribery crime to combat.Simplely summary, crime of bribery by using influence mainly includes:"close relatives","other closely relatives" and "separation of the state personnel". Due to that our staff of State intimate person acceptting bribes by using influence behavior commonly exist,it’s extremely harm and adverse in social impact, seriously damaged the image of national staff in the minds of citizens in recent years.Crime of bribery by using influence not only adapt to the needs of development in new situation, but also adhere to it’s commitment to UN Anti-corruption Convention.This crime prescribes intimate person, not only close the bribery crime of the criminal law, but also demonstrat China’s determination to combat bribery. Because China’s criminal law prescribes inadequately on crime of bribery by using influence, it’s resulted many controversies in determination of intimate person in judicial practice. For example, the scope of "close relatives" is not clear,it disputes the the scope of "other closely relatives" and "separation of the state personnel.", as well as whether the state personnel is intimate person in legislation,meanwhile they haven’t brought commission of intimate person into the scope of punishment for bribery. So intimate person’s controversies need study in theory, Ultimately achieving the purpose of solving practice problems that occuring. Firstly, this article generally analyzes intimate person in theory. Secondly, it introduces the controversial prombles and legislative shortcomings in judicial practice, following by analysis of two cases.Lastly, it supplies corresponding views and recommendations for controversies and legislative shortcomings.Through clearing the range of "close relatives"、"other closely relatives" and "separation of the state personnel", I hope it improves case efficiency of staff and shorts it’s case period in justice practice,it’s help for the future of legislation, focusing regulations on intimate person and trustees,in order to achieve the goal of preventting such crimes.