Case Analysis Of Bribery Crime By The Influence

On February 28,2009,the criminal law amendment(vii)added the bribery crime by using influence,which had aroused a heated discussion in the academic circle.Today from the crime has been nearly 10 years of time,the paper by analyzing the whole situation of this crime related cases and the part of case analysis,the method of combining with criminal subject,influence judgment,improper interests,sentencing circumstances,this crime and those charges limit analysis for clues,explore influence bribery conviction and sentencing standard is not unified,of this crime in nearly a decade of judicial application to do a feedback,and further for this crime in the judicial practice used to achieve the ideal effect.This paper will be discussed through the following parts:The first part summarizes the overall status and characteristics of the relevant cases of this crime retrieved from the judgment document network,and grasps the cases as a whole from the aspects of geographical distribution,quantity and time,and emphatically analyzes the reasons why there are few judgments of this crime.The second part,from the perspective of the subject of crime,analyzes the dilemma of the conviction of bribery with influence,focusing on the definition of the scope of state staff,the scope of close relatives,people with close ties and other concepts,and then analyzes the controversial cases in practice.The third part,combined with the dispute cases in practice,analyzes the issue of conviction from the perspective of the core feature of this crime influence,and discusses how to determine the influence of the subject of crime in judicial practice on the basis of understanding the meaning,classification and judicial identification of influence.The fourth part analyzes the judicial determination of improper interests and the sentencing standard of this crime.The citation controversy in this chapter focuses on the determination of improper interests and sentencing standards,so the author makes a unified analysis of the two in this chapter to answer the question of citation controversy.Among them,when analyzing the sentencing standard of this crime,the overall sentencing situation retrieved from the case is first sorted out and summarized,and then the sentencing situation of similar cases is compared,and finally the conclusion of this chapter is drawn.In the end,the author differentiates and analyzes the controversial problems between this crime and other crimes in practice,and puts forward some suggestions on how to improve the way of using influence to accept bribes.