Judicial Cognizance Of The Crime Of Offering Bribes To Influentials

November 1,2015,"Criminal Law Amendment(9)" formally implemented,of which Article 46 of the new charges "Crime of Offering Bribes to Influentials",the establishment of the charges against China to prevent and crack down on bribery Important role,is conducive to the current situation to better carry out anti-corruption struggle.At the same time,the offense and the use of the influence of bribery crime rooted in the "United Nations Convention against Corruption," the eighteenth influence of the crime of trading,for our criminal law and international conventions docking demonstration and benchmarking role.Because it is still in the early stages of the establishment,there are still unclear places on the judicial cognizance of the offense,which brings some trouble to the judicial practice.This article is in the perspective of Ji,a bribery briefly introduces the disagreement of the case in judicial practice,and explores the judicial cognizance of "Crime of Offering Bribes to Influentials" in combination with the theory of criminal law in our country.The specific law of this case Applicable for analysis.Hoping through the analysis of the case,can be meticulous understanding of "Crime of Offering Bribes to Influentials”,for the majority of the judicial workers to provide reference and reference.The full text is divided into six parts:The first part: IntroductionThe second part: Case and brief introduction of case.In order to gain improper interest,Ji has offering briberies to others twice.the main part of the quarter of the bribery behavior of the whole process and the court's verdict.The third part: Disagreement of the case and the focus of the dispute.The focus of the case lies in the judicial behavior of a bribe.This part mainly summarizes the four different judicial opinions of the case and makes a discussion and analysis.The fourth part : Relevant legal analysis.This section summarizes the overview of the “Crime of Offering Bribes to Influentials”,focuses on the discussion of the difficulties in the process of judicial identification,analyzes the influential people and the determination of "seeking improper benefits",and analyzes the crime and bribery The crime was analyzed,the theory of this part of the discussion as a quarter of a bribery case of the theoretical basis.The fifth part: Judgment of Dispute Cases.The above part as part of the theoretical basis for the quarter of a bribery case and its controversial focus to judge the process of judicial identification,to complete the judicial cognizance of its crime.The sixth part: The author had some retrospection after thinking the judgement of this case.