On The Cognizance Accomplices Of Related Person In Bribery

In the context of the involvement of people close to state staff in the crime of bribery,the concept of "related person" should be adopted in the definition of the subject.The concept of "specific relation person" has the dilemma of substantial invalidation in legal theory and the difficulty of distinguishing.The "closely related person" has a concept of criminal dogmatism,such as the theory of influence,the theory of common interest and the two judgment.The concept of "related person" is adopted by the person around national staff participates in the bribery crime,it will solve the problems that are difficult to define.The criminal meaning of "related person" can be explained as follows:"A person who has a special psychological or practical influence on a national worker,and is based on such a special influence that has made the state staff perform the act of power." In crime of taking bribes with influence,we use the word "related person" instead of "closely related persons","close relatives" and "leaving state staff".In the field of complicity,the provisions of the 2007 "opinions on bribery" are understood as the "attention" provisions.At the same time,integrating the concept of "related person" helps to prevent punishment loopholes and unify the legal terminology.We should make clear the position of the cognizance of the accomplice on the related person participate in the bribery crime of national staff firstly.We should discard the classification of function which is violate the law of conviction and sentencing,and adhere to the classification of labor which is consistent with the logic of accomplice identification.There are exceptions to the theory of the domination of criminal facts in the position of the classification of the accomplice,and we should admit the theory of the application of the compulsory criminal in common crime of bribery.On the essential position of the related person involved in the bribery crime,we must adhere to the attribute theory which is based on the accomplice subordinate attribute,element subordinate attribute and charge subordinate attribute.In relation to the participation of the related persons in the accomplice and identity of the national staffs bribery crime,if the identity of related person result the charge of crime of using influence to accept bribes,so we can sure that the crime of using influence to accept bribes is a pure crime of identity.The identity of related person is not a special identity in the field of complicity of bribery crime,but a general identity required for the unification of logically contradictory legal terms.The objective aspects of the accomplice involved in the bribery of the national staff mainly include the cognizance of the accomplice and the identification of the objective plot.The cognizance of the accomplice of the related person involved in bribery should be analyzed from three aspects:the related person,the national staff,the national staff and the related persons to carry out the bribery.In the common bribery of national staff and the related person,we should first clarify there is no legal competition relationship between the use of the crime of influence bribery and the accomplice of the crime of bribery.Furthermore,it is concluded that the behavior of the joint bribery situation between the people and the state staff is found to be the problem of the identity crime,and it is evaluated in a comprehensive way according to the principle of imaginative concurrence.The determination of the circumstances of sentencing is divided into the determination of the circumstances of the amount and the determination of the circumstances of non-amount.With regard to the determination of the circumstances of the amount,according to the total determination of the result of the amount caused by the joint implementation of the act,the amount of the person concerned exceeding the part of the state functionary's direction shall be evaluated separately;Regarding the determination of non-amount circumstances,we should insist on the direct causality of the accomplice as the criterion and make a concrete analysis on the related principle of joint crime.The subjective aspects of the accomplice involved in the bribery of the national staff should grasp the cognizance of "collusion".All the common meaning contact form based on the implementation of the crime of bribery constitute a crime within the content can be identified as collusion.The rules of the cognizance of collusion,national staff only need to have common behavior has meaning of contact situations that can be definitely established accomplices,regardless of "the plans" were not affected in advance or complicity in the establishment.In 2016,the Supreme People's court and the Procuratorate's Interpretation of several issues concerning the application of the law in dealing with corruption and bribery cases,the provisions of the sixteenth clause and the second paragraph,the related persons' bribery,the identification of the subjective intent of the national staff.There are three main points of view in the academic circles,namely,the crime of intentional bribery,the legal system of bribery and the criminal presumption,and the three points of view are inadequacies.For the understanding of the terms,should stand in the perspective of substantive interpretation,the terms explained as:the specific person ask for and accept others' property,the national staff informed still as trustees to seek benefits,not return or surrender,should be identified with the national staff bribery intention.