Study On Crime Of Offering Bribes To Influentials

As an important form of corruption,bribery crime has become a common and multiple crime in judicial practice of our country.It is also a kind of criminal type in which exists many problems of legal application.Bribery crime consists of two sides,the briber and the bribee,as the so-called "it takes two to make a quarrel",so six years after the bribery crime by means of influence was established in Amendment Seven of Criminal Law,our country finally added the crime of offering bribes to influential people in the Amendment Nine of Criminal Law,which established another milestone on the road to fight against corruption.However,whether in theory or practice,the study of this crime is still very few,and there is no precedent of this crime in judicial practice.Judging from the current research situation,the research on the crime of offering bribes to influential people mainly rests on the relationship with the UN Convention Against Corruption,the legislative background and the constitutive elements of the crime.But the judicial application of the crime is less involved.To some extent,the domestic research situation may have been unable to meet the needs of the current judicial practice.Therefore,the study of this crime can not only enrich the academic research on the crime,but also provide a new way of thinking about the crime cognizance and judicial application of the crime in legal practices.This thesis is divided into four parts.The first part provides an overview which elaborates the legislative background and the meaning of the crime of offering bribes to influential people.The second part is the focus of this paper.It analyses the constitutive elements of this crime from the criminal object,objective aspect of crime,criminal subject and subjective aspect of crime,in which focuses on the core of this crime-the meaning of"influential people".The third part demonstrates the retroactivity,the boundaries between this crime and gift-giving or emotional investment,and the criterion of judgment of accomplishment and attempt from the angle of judicial application.And the last part puts forward some ideas on the legislative perfection of the crime of offering bribes to influential people.