Identify Of Offering Bribes To Influential People

The crime of “bribing to influential people” is a new crime made in the Am endment(IX)of the Criminal Law of the People 's Republic of China,it refers to the behaviors of offering bribes to the following person for the purpose of seeking illegitimate benefits: the person that :any of the close relatives of Nati onal staff or other people closely related to the National staff or any of the National staff who have left their posts,their close relatives or other persons c losely related to them.The revision of the article has broadened the scope of bribery targets,i.e the targets of the crime of “bribing to influential people” n ot only limit state functionaries,but also “the around of” state functionary,t hrough legislation improvement,the bribing behavior governed by the law is fu rther expanded,which is beneficial to crack down the crimes of bribery and c orruption.The object of crime violates the trust of power about government,not the incorruptible of government and the value of honest or other complexity o bject.the thesis will discuss this question.The contest of crime is the Material i nterests,not include Intangible benefits(especially sexual bribes).The target of c rime concludes relatives of government state ?the close relatives or these peo ple around the government office who exist their jobs.The scope of relatives sh ould accord with the definition of civil law about relatives.So far there is no c lear definition of close relatives,hence,should judge from form and substance.th e last,the scope of exiting person is the people who ever work for governmen t,but some reason for dismiss?retire and resign that left their job.The Subjec tive purpose of crime.Seek for improper int erest elements is the subjective of crime.The author agree with theory of “violating the duty of job” for definitio n “the improper interest”.not “illegal interest” or “uncertainty interest”,etc..we can not affirm the investment about emotion for friends a nd general cases of s ocial networking or gift-giving as crime.the accomplishment of crime and the attempt of crime should consider render the property and Bribed pe rson receiv e property in fact.If accept property,the crime is accomplished,or will not do cr ime or the crime is not accomplished.For the joint offense of this crime,should consider the bribing person ?bribed person and state office have the same inte nt,analyze and discuss from the subjective aspect of crime.