Judicial Determination Of The Crime Of Using Influence To Accept Bribes

The crime of corruption has always been one of the key targets of the criminal law,and the crime of taking bribes with influence is an important part of the crime of corruption.Therefore,how to accurately determine the crime of taking bribes with influence is very important.Because of the simplicity of the legislative provisions,there is a great controversy in the academic circle and Practice on how to understand the constitutive elements of the crime of taking bribes with influence.In this crime,the scope of "near relatives" should be consistent with that of the criminal procedure law,that is,husband and wife,parents,children and siblings.All persons except close relatives are "closely related persons",in addition,state staff who have left their posts should not include state staff who have been subject to administrative sanctions.The judgment of "influence" is the key in the bribery crime of using influence.Influence refers to the ability that we ordinary people can recognize and use to change others' psychological cognition,behavior mode,ideology or other abilities in the ordinary communication process.Direct influence and indirect influence,consanguineous influence and non consanguineous influence,substantial influence and formal influence,authority influence and non authority influence are all the concrete forms of influence.Specifically,the types of "influence" in the use of influence bribery crime include direct and indirect influence,blood and non blood influence,substantive influence and authority and non authority influence.In judicial practice,we should judge the influence in the way of objective evaluation and after judgment.For the use of influence bribery,the definition of improper interests is also important.The "illegitimate interest" mainly includes the following three aspects: firstly,the interest that the client wants to seek should be illegitimate,secondly,the means to seek the interest is also illegitimate,and finally,the illegitimate interest that needs to be obtained through bribery.