The Qualitative Analysis Of Close-relationship People Handling No Affairs After Collecting Money Occurred

In recent years,cases of close-relationship people handling no affairs after collecting money occurred frequently and were treated differently under judicial practice.The act that close-relationship people collecting money without handling affairs referred to that the actors held the subjective purpose of seeking unjustified interests for the entrusting party before or during collecting money while failing to seek the unjustified interests for the entrusting party without employing the state staff members who kept close relationship with them.The action was featured by such four characteristics as particularity of the main body,clarity of the subjective intention,feasibility of the act and negativity of the result.At present,there are three kinds of theories about this act,that is,"the crime of extortion","the crime of fraud" and "the crime of bribe attempted by using the bribery influence".Some people take it as "extortion crime" since close-relationship people take advantage of its relationship with the relevant national staff to ask the trustee for property as a prerequisite for work.Some people regard it as "fraud" since there is no subjective intentions seek the interests for trustee after the fact that they obtain or collect property,which can be took for deliberately defraud the trustee's property.Some people take it as "the crime of bribe attempted by using the bribery influence " because that the close-relationship people make use of its influence on the state staff in the request or accept the trustee property which calls the national staff duties of the trust in question although it is not actually seeks improper interests for trustee.The above doctrine argues from different perspectives that determine the nature of close-relationship people's act,which has its reasonable place while has some deficiencies more or less.To accurately define the nature of close-relationship people collecting money without handling affairs,such theoretical issues as the role of "seeking unjustified interests" in using influence in bribery,the definition of "using influence",the boundary between related crimes and taking bribes by using influence should be clarified.The close-relationship people collecting money without handling affairs should be distinguished with other similar acts based on the following three points: firstly,the actor did not fabricate the identification of close-relationship people;secondly,the actor had the subjective purpose of seeking unjustified interests for the entrusting party before or during claiming and receiving bribes;thirdly,the actor did not employ the state staff members of close-relationship people after claiming or receiving bribes due to subjective reasons.In the act of close-relationship people collecting money without handling affairs,even if the actor gave up the purpose of seeking profits ultimately,as long as he promised to seek profits during the promise was made,the aggression results to the object was not influenced,and the reliance interest of state staff members was infringed,thus,the abortive taking bribes by using influence was formed.