Research On The Judicial Cognizance Of The Crime Of Taking Bribes By Using Influence

After using the influence of the addition of bribery in 2009, the national staff close relatives and close relations are brought into the subject of the crime of taking bribes, resulting of expand the subject of the bribery crime and tight the net of justice. However, during the few years of the implementation of the new charges, judicial practice in the use of the influence of the bribery case is unusual. The generalization of the problem is the crime and non crime, as well as this crime and other crime. The reason is mainly to be investigated for the crime of the specific identification of the problem does not fully understand the problem, which results the difficulty of judicial staff identification.This article can be divided into four parts. The first part is the general introduction of the use of influence bribery crime, the author concludes by analyzing the background that it is necessary for the close relatives and close relatives of the national staff and their close relatives to use the influence of bribery in the criminal law. And the theory and practice have different effects on the theory and practice. The second part makes analysis by using the influence of the crime of bribery in the four elements of the relevant difficult points, which is the key to solve the problem of crime or non crime. The third part of the article from the former part of the crime constitute the specific formation of the point of view so as to apply to practice in the specific identification of this crime and the distinction between the relevant charges. In the last part, the author forwards some legislative proposals by analyzing the constitution of crime and charge, so that the use of influence bribery crime can be applied to practice.