Study On Crime Of Offering Bribes To Influential People

The emergence of the crime of bribery against influential people has improved China's criminal legislation and woven a dense criminal law net,which provides legal support for our country's judicial practice and is a positive performance of China's implementation of the international obligations stipulated in the United Nations convention against corruption.From the perspective of the judicial determination of the crime of bribery to influential people,this paper analyzes some problems of the crime of bribery to influential people and its application in judicial practice.This paper is mainly divided into five parts:The first part of the influential people in the judicial practice of bribery crime in the application of statistics,and the practice of the relevant issues are analyzed.It is concluded that the thought of "emphasizing bribery rather than bribery" in judicial practice leads to a low prosecution rate for bribery crimes against influential people.The crime of offering bribes to influential people is easily confused with the crime of offering bribes and indirect bribery in practice.In judicial practice,there is a case where the identity of the bribery object "influential person" is used as the qualitative basis.The author does not agree with this practice,and should take the special relationship with the national public officials and the ability to actually exert influence as the qualitative basis.The second part analyzes the word "influence" from the perspective of the determination of this crime.Pointed out that "influence",it refers to state personnel(or outgoing country workers)with a specific relationship between the people of the country staff(or outgoing country workers)exert a force,and then by interfering with the state personnel(or outgoing country workers)ideas or duty behavior,in order to achieve the purpose of seek personal gain;It shows the "triangular relationship" and"four-angle relationship" in which "influence" plays its role.It is suggested that the existence of "influence" should be judged by insisting on the objective judgment criterion and the comprehensive judgment criterion of experience.The third part studies the scope of "influential people".It is pointed out that"near relatives" belongs to the concept of civil law,and the scope of "near relatives"stipulated in civil law should be insisted as the scope of "near relatives" in the target of bribery.In terms of blood relationship,special relationship between men and women,the author summarized the "people with close relationship" among the bribery objects."Resigned state functionaries" include such circumstances as retirement,retirement,resignation and dismissal.Serving state workers can be"influencers" in certain situations.The fourth part studies the criterion for the identification of the wrongful interest.Of course,illegal interests are identified as illegitimate interests,and legal interests can be divided into "determined interests" and "uncertain interests".This paper insists on judging the existence of improper interests by the correspondence between"bribery behavior" and "affecting the official behavior".The fifth part discusses the circumstances of the conviction and sentencing of bribery crime against influential people.For the crime of bribery of influential people,the "amount+circumstances" two-yuan conviction and sentencing standard is adopted by referring to the crime of bribery.It is insisted that the conviction and sentencing should be based on the amount,supplemented by the circumstances.There is a twofold relationship between the starting amount of "amount" and the starting amount of "aggravating circumstances";The wide scope of the plot is more to encourage the perpetrator to give himself up for meritorious consideration in order to investigate and handle other major cases and the legal and social effects of the crime.