Crime Of Influence-using Bribery

February28,2009China’s People’s Congress Standing Committee passed the CriminalLaw Amendment (7), the addition of crime of influence-using bribery, This underlines China’santi-corruption commitment, improve China’s criminal legislation to combat the crime ofcorruption, the judicial practice provide a strong legal support to combat the crime of bribery.However, since the use of the influence of bribery incrimination, this understanding of thecrime in theoretical circles generated some controversy, also contributed to the phenomenonof judicial practice is not uniform. Therefore, the judicial determination of crime ofinfluence-using bribery to discuss is of great practical significance.I pointed out in the text, close relatives in the influence of taking bribes shall meanhusband, wife, father, mother, children, brothers and sisters. Close relationship is based onkinship, marriage, learning, geographical, emotional, economic interests close relationshipwith such a close relationship must be the behavior of accepting bribes has formed, and paygood close enough to form the influence; national staff to leave refers to the behavior of theimplementation of this crime, too from the post of national staff leave no longer has theidentity of the national staff to lose the powers of the national staff, including retired afterre-employed, engaged in official business in accordance with the law. Awareness of the valueof the bribe, as long as the perpetrator knows or should know the approximate value of, anddoes not require must have accurate and clear understanding. The subjective aspect isintentional, including the profit from the intentional and deliberate two aspects to exertinfluence on the national staff. Accurately identified the crime is necessary to correctlydistinguish the crime of bribery and the general social acceptance of gifts, a reasonablecompensation. Accepting bribes and influence of accepting bribes in a criminal nature andcomposition characteristics, there is a close link, therefore in practice often lead to twocharges of competing.There are obvious shortcomings in legislation in the crime of influence-using briberyneed to be improved: Object is too narrow, the calculation of the amount of crime to the lack of uniform standards, the influence of taking bribes qualifications punishment missing unitsinto the influence of bribery is not yet crime, the lack of corresponding to the crime of briberyof influential six areas. Corresponding to a complete set of recommendations: expand thescope of objects, will seek illegitimate interests extended to all interests, unified amountstandards, increase eligibility punishment, additional crimes committed by units and theaddition of the involution of the "crime of bribery of influential.