Using Influence Bribery Judicial Cognizance Problems Research

The crime of bribery has been a worldwide problem.In order to crack down on bribery crime better,improving the criminal law system of bribery crime in China,we added rele-vant provisions of bribery crime by the influence in the seventh criminal law ment.And in the ninth criminal law amendment we also added the use of influence brib-ery.This is an inexorable trend to join in the United Nations Convention against Corruption.But the use of the influence of bribery in practice did not take desired effect,and the behav-ior of the judicial personnel who showed indifference and restraint,indicating that there are lots of problems in the judicial practice.This paper will explore and solve the judicial di-lemma of bribery crime by the influence,making use full of methods which the combina-tion of theory and practice from the perspective of judicial practice.This article will draw problems in judicial practice of the crime through the concrete case,casting into the discus-sion.The paper is divided into the following three parts concretly:First,the identified problems of the subject in bribery crimes by the influence in the ju-dicial practice.Firstly,defining the scope of the subject in the view of criminal proof.Defin-ing the scope of "close relatives","the extent of the close relationship between other people",and the "leaving the state staff’ is a problem.Then,whether national staff belonging to the crime of bribery by using the influence of the subject is also a problem,and there are different opinions whether the state serving staff can constitute the crime in the theoretical cycle.How to declare state serving national staff in the judicial practice alone.Finally,whether the sub-ject in bribery crimes by the influence should be expanded to the unit crime and so on.Secondly,how to identify the "influence" in the use of influence bribery crime in the judi-cial practice.The first is to differentiate from the concept and classification of influence,the influence of form and the influence of nature,the power of influence and the non power influ-ence,and direct influence and indirect influence.The second is the influence of the degree of influence,the influence is strong,moderate and weak situation.The last is the influence of the source,that close relatives have influence on the national staff,that other people close to have influence on the national staff of the national staff,that situation outgoing influential.Thirdly,other difficult identified issues of the use of the influence of the crime of bribery in the judicial practice.The first is the determination of the improper interests and the proper-ty of seeking illegitimate interests for others in the judicial practice.How to determine the le-gitimate interests of the judicial practice and expected benefits.Followed by explaining other relevant problems on the bribery crimes by the influence from the perspective of criminal procedure.How to convict the trustees?How to handle the national staff separately?How to identify the behavior of the national staff?Then how to identify the crime and non-crime.The conviction of making bribery crimes which is using of national staff of close relationship In-directly is in the air.The problem of whether convicted if criminal suspect do not know the truth has not been solved.Finally is how to distinguish from the types of crime of bribery,bribery by mediating,common bribery,bribery of non national staff,and the crime of fraud.