A Study On Judicial Determination Of Bribe To Affected People

The new "Criminal Law Amendment" put the act of bribe to people who has special relations into the scope of regulation,established this crime on the basis of comparative legislation and compliance with the convention,the criminal law network is tightened and the governance structure of bribery crime in China is improved.It is important to realize the effective regulation of bribery crime and to maintain social fairness and justice.The judicial interpretation promulgated afterwards also provides a clearer standard of operation for the determination of this crime in time.However,due to the short time of this crime and its judicial interpretation,the theoretical and practical discussions are still not deep enough.Therefore,this study analyzes the legal interests of this crime on the basis of the combination of traditional theory and newly emerging viewpoints,Combined with the relevant cases of crime to the crime of the constituent elements,forms of crime and conviction and sentencing circumstances and so on.This paper is divided into four parts.In the first part,this paper analyzes the relationship between the legal interests protected by this crime and the legal interests of traditional bribery crime protection,and then combs and analyzes the viewpoints of this crime.In the second part,this paper analyzes the problem of "improper benefit" and the identification of the object of this crime,which is worthy of discussion in the objective elements of this crime.In the third part,And then put forward the specific criteria,and the impact of the recapture of the bribery on the determination of the attempted.Finally,the author analyzes the application of this crime in judicial interpretation,points out the problems existing in the circumstances,contents and application of this crime,and puts forward the corresponding suggestions.