Research On Bribery Crime Using The Influence

Bribery crime using the influence is the new accusation in "The seventh criminal law amendment ". It aims to enlarge criminal area about the subject of bribery crime, bring the human beside the State Functionary into criminal law, and promote the process of China’s anti-corruption work effectively. However, this crime is identified that has many problems, which has caused less used in the judicial practice. The author is based on the clause of law itself, combined with the relevant cases and scholar’s points, to attempt to gives some comments and suggestions on determining this crime.Besides preface and epilogue, this article can be divided into three main parts.The first chapter is the definition of criminal subject about bribery crime using the influence. This chapter interprets some obscure concepts, such as the "close relatives" and the "close people". The author believes that "close relatives" includes spouse, parents, children, brothers and sisters, grandparents(outside) and grandchildren(outside). Other relatives have the relationship between the supporter and the supported are out of the scope of the "close relatives".To Define the scope of "leaving State Functionary ", we should pay attention to the following questions. The first, they had position before leaving office. The second, the leaving way is not a single. The third, departure time has no influence on constitution of the crime. To define the "closely related people" should grasp the relationship between actors and public servants. As to which this kind of relations has no need to study. Whether the State Functionary constitutes this crime or not, this author points out that State Functionary use what kind of influence that is key to decide the possibility of this crime.The second chapter is definition of objective elements of bribery crime using influence. The author thinks that objective elements of this crime mainly displays in the content and way of using about the influence. The paper points out the influence including power influence and non-power influence. In addition, because of this crime as a member of the bribery crime system, the definition of "property" and "improper benefits" in objective elements is a problem. It is also other relevant crimes need to solve. This paper argues that “the theory of property interests” should be the standard of defining the scope of "property". The "improper interests" should include two types. The one is illegal interests. The other is the uncertainty of improper by obtaining illegally.The third chapter is the limit between bribery crime using influence and other related bribery crimes. This chapter focuses on clarifying the boundaries among the confusing general bribery crimes, the mediate bribery, and the accomplice of crime of accepting bribes committed by mixed subject. The paper mainly distinguish the criminal subject, the behavior way and the stipulate of criminal law, between this crime and mediate bribery. This paper puts emphasis on the aspect of the criminal subject, the behavior way and the stipulate of criminal law. For the differences between the crime and the accomplice of crime of accepting bribes committed by mixed subject, the author spends a lot of ink in comparisons of "criminal subject", "the existence of collusion" and "whether joint bribery".