| "People’s Republic of China Criminal Law Amendment(VII)" the use of the additional influence of taking bribes for the prevention and avoidance, and investigate and punish state officials are close relatives, and all other groups closely related thereto, with its special and national staff relationship, accept or extort bribes has a positive effect, and achieved gratifying results. But judicial practice, close relatives and people close to the definition of national staff, the use of bribes and influence relations bribery accomplice, the use of the influence of the crime problem in dealing with bribery and other also has no small controversy. The controversy also makes use of influence on the practice of taking bribes judgment difficult to set up, not much research available to the judgment, the actual effect of the implementation of the Act shall not satisfactory.February 28, 2009 "People’s Republic of China Criminal Law Amendment(VII)" proposed by the Standing Committee of the National People’s Congress added "With the influence of bribes," Yi in solving previous judicial practice, for national staff and other close relatives relationship close people use a special relationship with the national staff accepting bribes or difficult to convict, laws against causing trouble, after the crime problem of impunity. Should be said that the original intention of the legislation is good, not only for our criminal tight French Open, but also improves the problem of corruption of corruption punishment, deterrence of the national staff side of the "special groups." However, since February 28, 2009 "People’s Republic of China Criminal Law Amendment(VII)" promulgated by the end of 2014 to more than five years, we rarely see the "use influence reported the crime, " the newspapers. Courts around the country landing website, "With the influence of sin," the verdict is extremely rare instruments. According to the Supreme People’s Court two thousand and fourteen annual report 2013 annual people’s courts at all levels of the end of the trial of cases of malfeasance and corruption and bribery cases reached 29,000, more than 31,000 people held criminally responsible, two data than last year year on year increase of 8.4% and 9.3%. The ability to search the Internet to take advantage of the influence of bribes judgment even 50 are inadequate. Compared the two formed a strong contrast and even shocking.The usual logic of understanding, national staff engaged in public corruption and crime that the civil service, corruption, crime and their close relatives, as well as closely related to human behavior bribes for personal gain is proportional, ie: the national staff of corruption The more their behavior and other close relatives of people with close ties using influence for personal gain should also be more; bribery of national staff of more frequent, their close relatives and other persons closely related thereto of bribery are also many. The actual situation is contrary to the normal logic. The number of corruption verdict civil servants indeed huge, but its close relatives or other of its closely related to people with influence and bribery verdict is Dryopteris phoenix corner, why is there such a situation, I think for two reasons: one from the microscopic point of view that influence the use of widespread controversy in the definition of the concept of crime statute vague and uncertainty caused by caused by the use of the statute in order to incriminate difficult. 2 large frames from speaking, our system of criminal law for bribery set tight enough, causing difficulties with this statute, all sorts of excuses for criminals loopholes left the door to the acquittal. Through the use of the influence of bribes in what is "close" and what is "close relatives", as well as the influence of the use of bribes and bribery complicity in the dispute and other issues were discussed, and the use of the United Nations Convention Against Corruption links to China influence crime issues raised humble opinion. |
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