Research On The Subject Of Crime Of Bribery Through Personal Influences

The Amendments to the Criminal Law (VII) of the People’s Republic of China comesup with a brand new crime of bribery through personal influences, in which, criminalsubjects consist close relatives, other intimate people and dismissed civil servants. In thejudicial practice, it’s hard to give a precise definition based on the Criminal Law. Forexample, the definition of close relative can be seen in the Criminal Procedure Law, theGeneral Principles of Civil Law, the Administrative Procedure Law and some restricteddocuments of the CPC, but neither of them presents an accordant definition. We can’t findany reference even in the Criminal Legislation. Without an accurate expression on otherintimate people, judicial practices stuck in still. Besides, we can only refer to the CivilServant Law to give a definition of dismissed civil servants as the Criminal Law doesn’tmention that. In order to guarantee operability of judicial, the three subjects mentionedabove should be named legalistically when the Criminal Law meets a revision. Closerelatives involves the spouse of civil servants and their parents, kids, brothers, sisters,grandparents, grand kids and siblings within three generations and other relatives whohave relations of fostering, supporting and etc. Other intimate people are those who havefrequent contacts and a close relationship with civil servants. Dismissed civil servants arethose who worked in the public workplace, but then completely be away from theirpositions because of the retirement, resign, suspension, deposing, death and so on.