A Study On Subject Problem On The Crime Of Accepting Bribe By Influence

Bribery crime is a very serious problem in the world today, especially in China,it became the focus of society. Meanwhile, with the rapid development of society,bribery crime not only becomes intensified, but also shows a tendency of complexity.In recent years, more and more people who have a close relationship with statepersonnel have involved bribery crime, but state personnel are the subject of briberycrime before. People commit the crime by close relationships like immediate familywith state personnel. As it is mentioned before, the subject of bribery crime are statepersonnel, people with a close relationship with state personnel could not beconvicted of accomplice in bribery crime if it is denied that state personnel and therelations have a prior conspiracy. And the conduct cannot be due criminal penalties,which caused a serious impact on society and harsh. In order to cope with thesituation, in October2009Criminal Law stipulated bribery crime by the influenceformally in one of Article388. Since the crime formulated and promulgated, there hasbeen a great controversy in theory and practice. One reason is that as a new crimeboth the theory and the practice are not familiar with it, another is that there exitvague words like relatives and close relationship and the relevant judicialinterpretations don`t make a clear explanation about these terms, so it is difficult toprove in juridical practice.At present, there are many controversial issues about the subject of briberycrime by the influence, which cause quite a lot difficulties to prove the crime injuridical practice. In this paper, the author start to make research from the subject ofbribery crime by the influence, in order to help the theory and juridical practice. Inthis paper, the main content involves three parts: the first part will make an overview of the subject of bribery crime by the influence on which the relevant controversialissues of bribery crime are based. This part discusses the range of relatives, themeaning of people with a close relationship with state personnel, the range of statepersonnel who have left and whether the subject of this crime includes state personnel.The third part focuses on making suggestion on the foundation of former two parts,which means determining the meaning of people with a close relationship with statepersonnel, the range of state personnel who have left, etc.