On Judicial Recognition Of The Act Of Taking Bribes By Making Use Of The Influence Of State Functionaries

The crime of acceptance of bribes by taking advantage of influence was inserted by the amendment to the Criminal Law.This crime has been seldom applied in judicial practice since its establishment.In recent years,with China's intensifying its clampdown on corruption and high level officials snared,plenty of cases of close relatives and persons closely related to the state functionary accepting bribes by taking advantage of influence have come into the sight of the judicial organs and the general public.The ambiguity of the legislation and the complexity of the cases have resulted in difficulties to find guilty.This essay mainly studies the judicial determination of the subjective aspects of the main body of bribery crime.In particularly,it puts forward the connotation and identification standard of the close person.Based on the influence research,the author makes suggestions on whether or not to make a crime in practice,and further responds to the identification of the close people.To analyze the behavior of the state functionary in the objective elements,and put forward the standard of judging the completion form of the crime.In combination with the case,the principles and standards of judicial determination are explained based on the principles of criminal law and legislative intent.In addition,this essay discusses the joint crime pattern of the crime of acceptance of bribes by taking advantage of influence based on the identification of the state functionary's intention of accepting bribes according to the judicial interpretation of the Amendment IX to the Criminal Law.