Analysis Of The Close Relationship In The Crime Of Bribery By Means Of Influence

With the overall promotion of national-anti-corruption strategy by law, Crime of Bribery by Means of Influence was added into the Criminal Law Amendment VII to solve the problem of crime invisible, indirect and familyism. But as one of the crime subject, the Close Relationship which is a concept of criminal law, exists controversial in the connotation, scope and judging rules leading to difficulties in the judicial practice, and resulting in a little few punishment with the crime in the judicial practice of seven years which constitutes a huge contrast with an average millions of bribery crime judgment. Therefore it is necessary to have a theoretical study on the controversial issues of the Close Relationship, in order to solve the problem of judicial confusion arising therefrom. This article starts from the case to lead the study of the problem and hope to be able to solve the problem of the Close Relationship in the judicial practice of the specific application.This article includes three main parts,The first part is mainly to introduce the definition and changing history of Close Relationship, and also release the meaning of studying it.The second part elaborates the current theoretical controversy on Close Relationship which includes the relationship between Close Relationship and Special Relationship, the scale of Close Relationship, whether state servant can be Close Relationship, etc.The third part is mainly elaborates suggestions on improving Close Relationship, in details, 1)define the scale of Close Relationship,2)considering cohesion with United Nations Convention against Corruption and publish related judicial interpretation,3)define the judgment principle of Close Relationship in judicial practice.