Judicial Determination Of The Crime Of Bribery Crime Of Influence

Criminal law amendment (seven)" officially defined using the influence of bribes, the crime of bribery crime in China has to perfect the legal system, woven more strict criminal law, to a certain extent, expanded the scope of attack, in order to curb the State functionaries "side" by itself or by other national staff influence, claim or accept others’ property behavior will play a huge role, this is also an important move to China’s accession to the "United Nations Anti-corruption Convention", with the "Convention" and the spiritual essence is consistent, CIS should be the trend of international anti-corruption. This paper discussed the crime occurred through two cases of problems:This paper is divided into four parts:Firstly, the definition of subject of crime. The surface of the body of bribery crime of influence is special subject, the extension to the general subject,"relatives","close" and "left the state personnel", can become the subject of the crime. Secondly, if the working personnel of the state belongs to the subject of bribery crime of influence also need for theoretical study, proposes the national staff in the implementation of the criminal acts, not by taking advantage of his power or position but using other power facilities, can become the subject of the crime of bribery crime of influence views.Second, the influence of judgment. Judging whether the perpetrator is using the influence of bribery should use the influence, whether to seek illegitimate interests, whether to ask for or accept the property of, only the standard case completely, the initiative to seek illegitimate interests as trustees, to regulate the crime to be punished. The influence can be divided into power and non-power influence two forms; improper interests include illegal profits and use illegal means to obtain benefits.Third, the definition of improper interests. Improper benefits including entities illegitimate interests and program illegitimate interests, how to define the procedure unfair interests injustice. Fourth,discuss the determination to use the influence of bribery crime. The influence of bribery crime accomplishment to be used for other commitments as the standard, the behavior person please accept the trustee of possessions or serious situation is the punishment standard, does not affect the crime accomplishment.Finally, analysis and related crimes. Mediate bribery crime analysis, analysis of the introducing bribe crime, the accomplice in bribery crime analysis.