Study On Judicial Cognizance Of The Crime Of Bribing Influential People

In 2015,China promulgated the "Criminal Law Amendment(?)",which added the crime of bribing influential people,so that the crime of bribery in the use of influence had its corresponding bribery crime.This breakthrough let us see our country's determination to fight corruption in recent years,and it is also an effort to improve our bribery crime system and fulfill the UN Convention against corruption.However,because of the short introduction of this crime and the lack of relevant regulations,judicial officers do not know how to determine that and the local courts have found that the standards are not the same.This crime has not played its due role in judicial practice.Therefore,how to determine the crime of bribing influential people and clarify the boundary of related nouns in the crime has become a research that is in urgent need of immediate solution and is of great practical significance.Therefore,the study of the crime of "influential person","for the purpose of seeking improper benefits",the criminal pattern of this crime and the boundary between this crime and other crimes will solve the related problems in judicial determination to a certain extent.Firstly,we make a detailed elaboration and identification of the three kinds of personnel involved in the law,and makes a separate discussion of whether the current state employees belong to influential persons.Secondly,the article expounds and thinks about the theoretical orientation,cognizance of predicament and the way out of the elements of "seeking for improper benefits" in the law.Thirdly,we discriminate the criminal pattern,and discuss the form of attempted and the number of pattern for quantity of crime.Finally,the boundaries between the crime of bribing influential people and other crime are elaborated.By comparing with other similar charges,we can explain the characteristics and identification standard of this crime in many aspects.