Research On Bribery Crime Of Influential People

Since the 18 th National Congress of the Communist Party of China(CPC),the CPC Central Committee with General Secretary Xi Jinping at its core has faced an extremely severe situation in the fight against corruption.Visible from the reality and the judicial practice,to investigate and punish corruption cases in the process of all kinds of new crime means and methods emerge in endlessly,especially in the majority with bribery crime,and crime means more to conceal,bribery,bribery,both directly in cash transactions phenomenon is less and less,quite a part QingTuoRen through the way of salvation "curve" to reach own purpose.For example,by buying off the close relatives and lovers of state workers,ask them to pass along their requests.In view of this,the seventh amendment to the criminal law of the People’s Republic of China specifically added the crime of taking bribes with influence,so as to bring the bribery of such ACTS into the criminal circle for criminal punishment.However,the bribery crime corresponding to it was not reflected in the legislation at that time.As a matter of fact,bribery crime is the direct source of bribery crime.Therefore,the amendment to the criminal law of the People’s Republic of China(9)specially added "of offering bribes to influential people",people will have influence on bribery provisions for the crime,not only conforms to the actual situation of our country,to our country’s anti-corruption struggle also has the vital significance,is also our country to implement has joined the United Nations convention against corruption is the concrete embodiment of establishment of the obligation.Since the crime of offering bribes to influential people has not been introduced for a long time,and it is still common in judicial practice to crack down on bribery crimes and deal with bribery crimes lightly,the number of relevant practical cases is not large,in other words,the theoretical research and practical experience of this crime is not very mature.The author intends to systematically analyze this crime from the background of legislation,concept definition and other theories and judicial application,in order to provide useful reference for relevant legislative and judicial activities and highlight the reference and reference significance for practical cases.First of all,to influential people bribery crime summary.This part mainly analyzes the legislative background of this crime and the establishment of specific charges.The legislative background is mainly based on the social harmfulness of this crime,and analyzes the legislative defects before the promulgation of amendment ix to criminal law of the People’s Republic of China.The establishment of specific charges mainly from the theory and practice of the crime of several formulation of specific elaboration.Secondly,the study on the composition of influential people’s bribery crime will focus on the judicial practice to discuss the objective aspects in detail,and only briefly describe the subjective aspects in practice which are basically uncontroversial.That is mainly from the following three parts: one is the object of the crime of bribery of influential people,that is,the crime violated by the legal interests.The second is the objective aspect of the crime of offering bribes to influential people.Third,the subject and subjective aspects of the crime of offering bribes to influential people.According to the provisions,the subject of this crime is a natural person and unit who has reached the age of 16 and has the capacity of criminal responsibility.The form of the fault is intentional and only direct intentional.Thirdly,the lack of sentencing circumstances.The sentencing circumstances of this crime break through the previous sentencing standard of the combination of amount and circumstances,but take a single sentencing circumstances as the measurement standard.This paper discusses the setting and deficiency of sentencing circumstances,practice and application,and the special problems of sentencing circumstances.Finally,the paper expounds the main difficulties and differences of cognizance of this crime in judicial practice.One is the perspective of "influential people".The second is the identification of the accomplished form of this crime.The third is the discrimination between this crime and bribery crime.