On The Judicial Determination Of Bribery To Influential Persons

As the country becomes more open,its economy is becoming more prosperous,and its social structure is becoming more and more complex,the problem of corruption in China has also been characterized by diversification,complexity,concealment,and grouping.In 2015,China promulgated the "Amendment to the Criminal Law(9)",adding the new crime of bribery to influential people,which constitutes the corresponding crime with the crime of using influence to accept bribes.This regulation reflects the current determination of the Chinese government to govern the country according to law and the measures of governing officials in accordance with the law,and has improved our country's bribery crime system.However,this crime has been implemented for a short period of time and the judicial application standards are not the same,so that it has not played its due role in practice.Therefore,how to determine the crime of bribery for influential people,and clarify the content of the essential elements of the crime of bribery for influential people,has become a problem that needs to be urgently solved,and the problem has strong practical guidance.Therefore,researching influential people,studying what it means to "obtain illegitimate interests",and discussing the determination of this crime under the condition of influential people and state personnel co-offending,to a large extent,will help uniformly apply different standards problem.First,the specific scope of the close relatives,close people,and resigned national staff involved in influential people is identified.Combining scholars' views,drawing the focus of controversy through practical cases,analyzing the specific scope of bribery targets for bribery crimes against influential people,and solving the problem of inconsistency in judicial practice.Secondly,due to the complexity of various "interests" existing in society,the disputes identified as "for the purpose of obtaining improper benefits" in judicial practice are clarified.Analyze whether the "emotional investment" for which the perpetrator has long been an influential member of the national staff in the name of affection and donations has no specific entrancement matters and does not require immediate return.At the same time,whether the behavior that the actor gave to the property to settle the project funds smoothly is "for the purpose of obtaining improper benefits" is studied.Finally,compared with ordinary bribery crimes,bribery crimes against influential people have the characteristics of multilateralism,indirectness and complexity.The development of the crime of bribery of influential people involves a tripartite of bribers,influential people and state officials.The crime of bribery of influential people is also complicated in practice,and related subjects can easily transform each other in the process of identification.When determining the accomplice of this type of bribery crime,different opinions will be formed depending on the subject and the type of crime.Therefore,through the analysis of cases,the issue of the determination of this crime under the condition of influencing people and state workers to commit crimes is studied,and the characteristics and determination criteria of the crime of bribery against influential people are expounded from multiple levels.By studying these issues,we will provide a clear definition of this crime in judicial practice in the future.