The Study Of The Crime Of Offering Bribes To Influentials

The Amendment IX to the Criminal Law of the People's Republic of China adds a crime of offering bribes to influential people,which is a major performance of our country to conform to the trend of anti-corruption in the world,and it is of great significance toperfect the system of criminal responsibility in China and improve the system of bribery crime.At the same time,under the guidance of the principle of a legally prescribed punishment for a specified crime,it can deter potential corrupt elements in the society and curb the crime of bribery.However,the time of this new offense is still relatively short,still in the stage of immaturity.There are still many difficult problems,such as the composition of the crime,the form of crime,the number of crimes,the distinction between the crime and other crimes,and so on.If these controversial issues are not clear as soon as possible,it will inevitably hinder the use of the crime in judicial practice,and gradually the crime will become useless.Therefore,this article will explore the crime in depth,comb the academic point of view and clarify the controversial issues,in order to provide a theoretical basis for judicial practice and help better combat the crime of offering bribes to influential people.Based on the relevant scientific research achievements and legislation at home and abroad,this article divides the content of the article into four parts.The first is an overview of the crime of offering bribes to influential people,divided into two parts: The first part is to introduce a number of foreign legislation on the bribery of influential people,in order to show that the criminal law increases the bribery of the influential people in line with the trend of the world,and it is wise.The second part is mainly around one of Article 390 of the Criminal Law.There is a detailed analysis of some controversial issues on the constitution of the crime of offering bribes to influential people.The main issues arethe determination of the specific scope of the “influential person”,the determination of the purpose of the crime “to seek illegitimate interests”,thedeterminationof the way of giving bribes and the content of bribery,and the determination of the amount of prosecution when the unit and the natural person jointly bribe.The second is the study of the criminal pattern of the bribery of the influential people,including crime accomplishment,criminal preparation,attempted crime andcrimetermination.The third is to study the number of the crime of bribery to influential people,including continuous guilty,gradual offence,implicated guilty and imaginative joiner of offense,mainly to discuss the basic characteristics and principles of punishment of crime.The last is the cognizance of the behavior of the bribery of the influential people,in order to clarify the boundaries ofthe crime of bribery to influential people,non-crime,the crime of bribery and bribery crime by the influence.Among them,several cases of non-crime were also discussed,mainly referring to the legitimate borrowing,just reward,legal gifts,emotional investment and so on.By clarifying these problems,this paper lays a theoretical foundation for the application of the crime in the judicial practice in the future.