Research On The Difficulty Of Judicial Cognizance Of Bribery Crime By Using Influence

The Criminal Law Amendment(7)adds and establishes the crime of bribery by using influence,expands the scope of the subject of bribery crime,punishes the new phenomenon of corruption in practice,and further tightens the criminal law network of bribery crime.This is in line with the trend of the international fight against corruption and demonstrates the country's determination to fight against corruption crimes.Owing to the academic and practical circles have disputes over the subject,objective aspects,the standard of accomplished and attempted offense,the identification of accomplice on the crime of accepting bribes,it is difficult to apply it into practice.Based on the actual cases,this paper analyzes the difficulties in the judicial determination of bribery crime by the influence,and puts forward suggestions for improvement,in order to contribute to the judicial practice.This article consists of four parts,totaling about 18,000 words.Part one,The difficulty of judicial cognizance of the subject scope of bribery crime by using influence.This part mainly studies the subject scope of bribery crime by using influence,and holds that the scope of "near relatives" should be consistent with the provisions of Criminal procedure Law.People who are close to each other should focus on how close they are to the national staff."Off-duty state functionaries" should be identified by identity theory,and current state functionaries can be the subject of bribery crime by using influence.Part two,The difficulty in the objective identification of the crime of bribery by using influence.This part mainly studies how to understand the unfair interests in the objective aspect of the crime of bribery by using influence and the essential attribute of seeking unfair interests for the trustee.It holds that the unfair interests include the interests of substantive violation,procedural violation,and the interests of violating the principle of fairness and justice.It is an objective requirement for the trustee to seek unfair interests,and the perpetrator does not have to know that the interests are unfair.Part three,The difficulty of the standard identification of the attempted bribery crime by using influence.This part mainly studies the criteria of accomplishment and attempt of the crime of bribery by using influence.It holds that the accomplishment of this crime is based on the criterion of the actor's claim and acceptance of the trustee's property and the use of influence to seek unfair interests of the trustee.Part four,The difficulty of judicial differentiation between bribery crime and accomplice of bribery crime by using influence.This part mainly studies the distinction between complicity in this crime and complicity in bribery in judicial practice,and holds that the determination of complicity in bribery should be based on whether there is collusion,content of collusion and time of occurrence between the complicity and state staff.the establishment of the crime of accepting bribes by using influence reflects the epochal,scientific and developmental nature of criminal legislation,but there are still controversial issues to be perfected by judicial interpretation.It is hoped that through the discussion of this article,it can provide help for the accurate application of this crime in judicial practice and better fight against bribery crime.