Study On The Application Of Law In The Crime Of Bribery To Influential

The crime of using influence to solicit bribes has been added to Amendment to t he Criminal Law(7)2009,and then the crime of bribery to influential has been adde d to Amendment to the Criminal Law(9),which is a supplement to legislation.Howe ver,there are some problems in the process of application of law.For example,the c rime of influential bribery is difficult to distinguish from ordinary gifting or lending.The author has discussed problems in the crime of influential bribery based on case st udy,so as to be helpful to refine relevant legislation and judicial practice.In the definition of “influential”,and it mainly includes the definition of “influen ce” and “influential”.Influence,as an important objective feature of the crime,is cruc ial to conviction,and it is also the prerequisite and substantive condition for identifyin g an influential.The controversy in the definition of “influential” is mainly reflected i n the close relatives and closely related people.In the identification of close relatives,w e can adopt the provisions of civil laws,because the provisions of civil laws on close relative s not only conform to social ethics,but also can be accepted by the general public.Moreove r,it is conducive to play the theory of limitation on applying criminal law,so as to avoid t he criminal suspects from exploiting the loopholes of the law and avoiding legal sanctions.I n the identification of close people,in order to prevent the trustee from exploiting the loophol es of the law,the close people should not be made too much specific provisions.Generally sp eaking,people with close relationships can be judged from both positive and negative aspect s.On the one hand,the trustee has a certain relationship with the state staff;on the other han d,whether the state staff refuses the request of the trustee should be considered from negativ e aspects.The identification of illegitimate interests is difficult.In judicial practice,and it i s often difficult to determine whether the trustee seeks illegitimate interests,which the n leads to acquitting.Therefore,there should be certain standards for the definition ofillegitimate interests.Illegitimate interests,as an integral component of bribery crimes,have been criticized since relevant provisions were made.Whether to abolish illegitim ate interests a disputes point have also raised in theoretical and practical discussions.Especially in the context of fighting against corruption,it is more necessary to cancel the ele ment of improper benefits so as to crack down on bribery crimes from the source.The reaso ns are as follows: on the one hand,the solicitor usually bribes the trustee on his own initiativ e.In this case,no matter whether the solicitor seeks legitimate interests or illegitimate interest s,his behavior violates the relevant legal interests.On the other hand,it appears that all sort s of problems and difficulties in the process of cognizance due to the existence of the element s to in practice,the judicial organs to help solve unfair interests by expanding explanation,b ut the problem has not been solved effectively,and with the enlargement of the explanation,th e elements cancel almost no difference in a matter of fact.The issues that deserve attention in the conviction of crime of bribery to influen tial,which mainly includes the distinction between crime and non-crime,the definitionof different bribery crimes,the identification of the form of cessation of the crime and th e number of the crime and the problem of the accomplice of the crime.The distinction betw een crime and non-crime mainly introduces the difference between the crime and the ordinary gifting or lending.Only by distinguishing the relationship among them,can we rea lly prevent the occurrence of unjust,false and erroneous cases.The definition of different b ribery crimes mainly describes how to distinguish the crime of bribery to influential fr om ordinary crime of bribery and entity crime of bribery,the three charges are mainly d ifferent in the subject of behavior and the object of bribery.The difference in the subject of be havior is as follows: the subject of the crime of bribery to the influential person is a natural pe rson and the unit,the subject of the crime of bribery is a natural person,and the subject of th e crime of bribery is the unit.The difference in the object of bribery is following: the object o f bribery to the influential person is the person who has influence on the state staff,the objec t of bribery crime and unit bribery crime are both state staff.The stopping form of the crim e mainly introduces the standard of the crime of accomplishment and attempted and the probl ems related to the accomplishment and attempted.The crime number pattern of this crime int roduces the identification of the imaginary jointed crime,the implicated crime,the serial crim e and the gradual crime.The problem of accomplice of this crime mainly introduces the co-pr incipal,abettor and helper of this crime.