Study On The Crime Of Bribing Influential People

A new crime "bribing influential people" is set in the Amendment IX to the Criminal Law of the People’s Republic of China officially issued in November 1, 2015. From then on, "bribing influential people" has been included in criminal law and the coverage and definition of bribery crime has been broadened, which will include bribery to close relatives and other people of close relationship with national staff in punishable range of bribery. At the same time, criminal punishment power shall be strengthened. Freedom punishment and property-oriented punishment shall be used as well.This paper analyzes the constitution of "bribing influential people", elaborates many problems of the crime in the judicial application, and gives suggestions for the improvement of the legislation. This paper has three parts:The first part analyzes the crime constitution of "bribing influential people". It deliberately illustrates such criminal constitution element as criminal object, criminal objective aspect, criminal subject and criminal subjective aspect of "bribing influential people" and discusses "bribing influential people" from the perspective of crime constitution.The second part is judicial application of "bribing influential people", which states how to correctly recognize "bribing influential people", analyze definition of "bribing influential people", definition of "other guilty" and criminal pattern as well as judicial application of "bribing influential people".The third part is the legislation improvement concept of "bribing influential people", proposes legislation improvement suggestions on "bribing influential people" and respectively illustrates the suggestions to improve the legislation on such as "cancel the prerequisite of seeking unlawful profits", "expand bribery to undue advantage", "extend the extension of bribery", "improvement of fine punishment and qualification punishment", and "briber blacklist system".