On The Crime Of Bribery To Influential People

“Bribery to influential people”,a crime added in the Ninth Amendment to the Criminal Law is the correspondence crime of the “bribery crime by influence” which was added in the Seventh Amendment to the Criminal Law.These two crimes were set up to adapt to the current status of corruption.Since the 4th Plenary Session of the 18 th Central Committee of CPC,the highly intensive anti-corruption work indeed deters the criminals to a certain extent,but in order to meet his requests,someone who is aware of the legislative loophole in influence bribery still takes a workaround by bribing to the people around public servants instead of bribing to them directly.Bribing to influential people is an indirect way of bribery but it still has serious impact to our society.Therefore,it's a milestone to add an accusation of such indirect bribery into our laws.Because the crime is set up recently and due to a lack of judicial practice,a divergence on understanding of this crime could possibly appear.To understand this crime better,the author discusses it from five parts,three parts of which are the body and the rests are introduction part and conclusion part.The crime constitution analysis of “bribery to influential people” is firstly presented.In reference to bribery crimes especially the object of bribery crimes,the author researches on the object of the discussed crime.The discussed crime is related to both individuals and items,but according to the definition of crime object the author points out that the object of the discussed crime is individuals instead of items.Besides,the author highlights the definition of “close relative”,“former public servant” and “closely associated people” during the discussion.The second part is analysis of the criminal pattern and the complicity.The similarity to bribery crime makes it easy to set up the crime accomplishment standard of the discussed crime.However,regarding to the standards of attempted crime and discontinuation of a crime,the patterns of the discussed crime can be more diverse than that of a bribery crime.The discussed crime includes three parts: bribee,briber,and public servants,therefore,the complicity can easily appear in the criminal behavior.The author mainly discusses three types of situation about complicity: firstly,the joint intention of bribery,which is formed by public servants and influential people before the crime,during the crime and after the crime,secondly,whether a complicity is formed between the two parts,and thirdly,which crime is committed by the briber.Finally,identification of the discussed crime is presented.As for the crime and non-crime,the difference between the discussed crime and some normal behaviors like having black interactions and relationship investment is analyzed.Issues about influential people asking for bribery are also discussed.Specifically,bribery distinguishes itself from having black interactions in four aspects,and relationship investment can be regarded as a bribery crime only if a causal relationship is established between the investment and the request.There are mainly three differences between the discussed crime and the bribery crime,however,the briber may commit the discussed crime and the bribery crime concurrently if he bribes to both the public servants and the influential people.Besides,the bribery crime is a felony and its criminal can be punished slightly according to the behavior,while the discussed crime is a misdemeanor and it has no reduction of punishment.Such difference that reduction of punishment only exists in felony instead of misdemeanor brings us a judicial doubt.The discussed crime and the crime of bribing to non-public servants have both similarities and differences.The key to distinguish the two crimes includes two points: the object of crime and the nature of the power fulfilling the requests.