The Cognizance Of The Crime Of Offering Bribes To The Influential People

With the development of society,the behavior of bribe breaks through the traditional forms,it appears a lot of new means,new features,and brings bigger difficulties to investigate and deal with cases.In the judicial practice,the situation of bribing to the people around the national staff exists universally besides bribing to the national staff,the non-national staff,the foreign public official and the international organization of public official,According to the regulations in Chinese traditional law,it can't adapt to the realistic need of regulating the corruption crime.In order to adapt to the new needs of anti-corruption,make up the shortage of legislation,make tight of law,and integrate with international community,reach the goal of exhaustive anti-corruption,appease the mood of people,Draft Criminal Law Amendment(IX)establish the crime of offering bribes to the influential people.The appearance of the crime of offering bribes to the influential people has made up the flaw and played an important role to strike and prevent corruption.But the description of accusation is too general and fuzzy compared to other accusations in the bribery system,such as the defined of "close relatives","the other people who have close relationship with the national staff".The fuzzy of the identified of crime and non-crime,the difference of allied crime and so on has brought difficulty for judicial practice department.The conduct of the crime of offering bribes to the influential people mainly manifests the people bribe to the close relatives of the national staff,the other people who are close with the national staff,the national staff who have left his position and the other people who are close with them.In general,the description of accusation about the crime of offering bribes to the influential people is different from the traditional crime of bribery,we need explain the related concepts by our need of reality according to the legislative intent.And,the manners of bribery should be explained as "actual giving","proposal giving",and "promised giving";the content of bribery should be interpreted as "property interests:and "non-material property interests".The object of this crime is the "close relatives","the other people who have close relationship with the national staff'and "the national staff who have left his position".The comprehension about the concept of "close relatives","the other people who have close relationship with the national staff" and "the national staff who have left his position"should be considered a variety of factors,should not be limited to one view.The crime of offering bribes to the influential people and non-crime mainly analyzes the differences of this crime with the behavior about the general gift of civil matters.The main difference is that this crime has seriously social hurt,belongs to the criminal doings,is regulated by the criminal law,its purpose is to seek unjustified benefits,the value of gifts are generally beyond the local customs of the practice significantly and incompatible with the economical strength;the general gift of civil matters and the general investment of sentiment belong to the normal social behavior,more for the purpose of expressing feelings,the value of gifts are generally small.So we should distinguish the concepts about this crime and non-crime strictly,we can't expand the range optionally,so as not to create the unnecessary panic.The crime of offering bribes to the influential people and the crime of bribery have big difference in the subject,object,manner and content.The subject of this crime include the natural person and unit,the crime of bribery only include the natural person;the object of this crime is the people who is around the national staff and the relationship is close,the crime of bribery is the national staff;the manner of this crime include "actual giving","proposal giving"and "promised giving",the crime of bribery is limited to the the actual giving;the content of this crime can be interpreted as "property interests"and "non-material property interests",the crime of bribery only can be interpreted as "property interests".In short,the description of this crime is more scientific than the traditional bribery,and it also give us the greater space of explanation,to be more adapt to the realistic needs of anti-corruption.At the same time,I think the bribery to the influential people can't be included into the scope of the crime of bribery;and the establishment of this crime don't need the national staff know the fact of bribery,if the national staff are hand and glove with the close relatives or the other people who have close relationship with them,the hurt is more serious,we should punish it as the crime of bribery;however when the people bribe to the national staff and the people who have close relationship with them at the same time,the specific situation should be analyze when we convict the crime.