Research On Some Controversial Issues Of Crime Of Offering Bribes To Influentials

In recent years, China's punishment on the source of corruption--bribery crime is increasing year by year. In order to further intensify the efforts of combat corruption, improve our criminal law system of the punishment on crimes of corruption and bribery, earnestly fulfill the obligations under the United Nations Convention against Corruption, Crime of offering bribes to influentials has been added in China's "criminal law amendment (nine)". The supplementary punishment will be used on the crime of bribery. The the standard of free from punishment also will be raised. All those reflect that the inevitable trend of more punishment will be used on bribery crime. Although the law of Crime of offering bribes to influentials do clearly defined, there are still many controversial issues on confirmation of the crime of offering bribes to influentials in the judicial practice, crime or lawful act, this crime and that crime are difficult to determine. The different judgment on the same case which based on the different viewpoints, will be surely affected the law's authority and credibility.So this paper will start from the necessity and the criminal constitution of Crime of offering bribes to influentials, combine with the traditional theory of the crime of bribery, discuss some different views of the judicial determination of this crime. First of all, this paper will analyze the inevitability of cognize this behavior as a crime, the new regulation of bribery crime from China's "criminal law amendment (nine)", start with the similarities and differences of the ordinary bribery crime, defines the constitutive elements of this crime. The second part, combine with the cases in judicial practice, do a comprehensive and in-depth investigation and analysis of the identification of controversial issues for the object of this crime, "seeking improper interests", the "property" of bribery, and the specific mode of this cime. Firstly, the identification of the object of this crime. This part is mainly on the definition of the scope of the "immediate family" and "Other Closely related people". Secondly, the identification of "seeking improper interests". This part is mainly on the analysis of controversial issues in judicial practice, through the retention or the abolishment of the theory of "improper interests", the identification of "improper interests" and "competitive advantage". Thirdly, the identification of the "property" of bribery. This part is mainly on the identification of the amount of the crime, though the analysis of transaction type and non-property interests, particularly the typical way of transaction type. On the basis of defining the scope of non-property interests, this paper discusses the possibility of constituting the crime for giving non property interests to the influential people. Fourthly, the identification of emotional investment to the influential people. This part takes the case as the breakthrough point, and clarifies the distinction standard between the affection investment type to the influential person and the human relations, and explores the way to identify the subjective motive. From the two aspects between the transformations of the standard of the emotional investment to the influential people of bribery, the traditional influence of bribery, human relations and the presumption of criminal intent, the identified standards of the crime are discussed. Do our best to give out the definition about this crime in theory, find the way of cognize this crime, and directs the juridical practice, in order to reduce the crime.