On The Judicial Determination Of The Crime Of Bribery To Influential People

With the continuous development of China,corruption crimes are showing a trend of increasing complexity of criminal ways and expanding of criminal subjects.Since the 18 th national congress of the communist party of China(CPC),President Xi has put forward new requirements for the building of a clean and honest Party and government under the new situation.The core spirit is the "zero tolerance" attitude towards corruption,which demonstrates the confidence and courage of our Party to carry out the fight against corruption.However,with the development of social relations,the scope of bribery in recent years has expanded to the close relatives of state functionaries or other people who are close to them.In 2015,the Amendment IX to the Criminal Law of PRC added the crime of offering bribes to influential people,which makes the criminal system of bribery more complete.As a new crime,the determination standard of offering bribes to influential people in judicial practice is different.Therefore,it is necessary to make rules of how to define this crime judicially.This paper discusses the judicial definition of offering bribes to influential people through the case of Wu Mou.Firstly,this paper reviews the whole case and the court's judgment,and puts forward the main points of dispute.Secondly,this paper discusses how to identify if the actor has subjective intent,if seeking improper interests and how to identify the influential people.Finally,the theoretical knowledge mentioned above is used to make a comprehensive analysis of the whole case.What's more,the writer hopes that this paper provides some reference and help to judicial workers.