Analysis On The Subject Of The Crime Of Utilizing Influence To Receive Bribes

In recent years, in order to strengthen the integrity construction of the Party, and to construct a society ruled by law, the anti-corruption work has already had great effect on improving the social environment. The crime of utilizing influence to receive bribes has great effect in dealing with the multiplicity of the crimes of bribery and attacking crimes of bribery effectively. The establishment of this crime plays an important role in improving the system of criminal law, which is also a breakthrough in judicial work.The application of the crime of utilizing influence to receive bribes has caused a heated discussion in judicial practice and academic circles. The disputation is mainly focused on the concrete affirmation of the applicable subjects, such as, the applicable basis of "close relatives", meaning of "leaving state functionaries", and the specific scope of "persons in close relationship". However, the above problems are the critical elements in correctly identifying and applying the crime of utilizing influence to receive bribes.This article intends to start from the judicial case. By means of analyzing the related legal concepts, figuring out how to define the applicable standard of the range of "close relatives", the scope and recognizable standard of "person in close relationship" is still the final goal. By combining the practical problems of cases and theoretical disputations, the subject of the crime of utilizing influence to receive bribes can be explicit, which may contributes to the judicial practice. Meanwhile, it is helpful for reducing the difficulty of judicial departments in applying the appropriate charges, and also improving the accuracy. What’s more, it has the effect on punishing and educating criminal subjects, and preserving the authority and credibility of judicial departments.