On The "close-knit Person" In The Crime Of Accepting Bribes

The 388th article of the criminal law of our country has made the explicit stipulation of "the close people", but still has a lot of theory and practice is unknown.In order to further standardize the judicial charges, the fight against corruption is better, make it really become the anti-corruption tool, it is necessary to discuss and clarify a series of problems about "the close people".Sociological basis of "the close people": "the close people" as a concept in sociology has been included in the articles of the criminal law, the theoretical basis of"the close people" acquaintance society is the inevitable product of social structure Chinese traditional "pattern of difference" ."The close people" is constituted by emotion, communication, interest consists of three elements, which is the basis of emotional close , communication is to maintain close ties , and interest is the ultimate goal close pursuit. In this way, "the close people" through the three elements of emotional communication --interests to maintain each other.The legislation about the "the close people": the concept of "the close people"experienced by the close relatives,specific relationship,a person close to gradually"evolution". Through the discussion of "the close people", it is helpful to accurately understand and grasp the connotation of "the close people" deeper.The relationship between "the close people" and "the special relationship people": theory circle formed three different views: "premise", "cross" and "the same theory", but my view is that, it is unnecessary to define their relationship, first is the scope of the two round different types, followed by two for the benefit of the trustees,finally, for the two different penalty. They belong to the two run parallel concept legislation and judicial interpretation on its own. In different areas plays a different role, so it is no need to define the scope of them.Through empirical analysis,found that since February 28, 2009 the<criminal law amendment seven> since the implementation of the crime. The judgments of the total number, but the annual judgment number overall rising again, especially in the past three years is so, and this China the increase in anti-corruption efforts are not unrelated. The one feature in penalty is showing the overall trend of mitigation and probation accounted for a larger proportion."The close people" should include the range of close relatives,close relatives shall close relatives of the provisions concerning the application of criminal law.Through the empirical analysis of the relationship between "the close people" found in the subject of the crime is mainly composed of "the close people", and "the close people" and the main species diversity, cannot be enumerated. On the definition of the problem close time,as long as the behavior at the time as trustees to seek improper interest, and bribery or request please support The property of the people, it can be identified as "the close people". Finally, the national staff can constitute the crime.Academic circles usually to "the close people" form of interpretation, its drawbacks are obvious. The first is the subject of the crime form cannot be explained by all the lists of "the close people". Second is to "the close people" to explain the form not conducive to China's anti-corruption struggle.Based on this,this paper argues that the substantive interpretation of "the close people", it can make up for the defects since the formal interpretation, and are conducive to the strict Dense net, to prevent the emergence of punishment loophole, is conducive to the protection of the legal interests, to actively carry out "United Nations Anti-corruption Convention" in duty,highlights the image of China as a responsible big country to actively fulfill its international obligations of the country.