Xu Yunhong The Case Of "use Of Legal Research, The Influence Of Bribery"

According to the rules of China's amendment (7), China has been added to use his influence on new charges of bribery. on october 16, by 2009, state or his close relatives and close relationship with, use of state authority and position of the facilities for bribery, the judiciary will use "The use of influence to bribe-taking"to convict. which fills the blank of indirect perpetrator treatment, there is a "magic is powerful, Taoism is more powerful " effect, but also show that criminal law as the most severe means of social control, is using its keen tentacles in deep water District "set-net fishing," and its practical significance is self-evident. And Hu Chang Qing, Cheng Ke Jie and other major cases like the shocking case of Xu Yunhong, his wife, children is " The use of influence to bribe-taking " typical. In Xu Yunhong indulgence, under the protection of, his wife, children desperate accepting and extorting money from others, by Xu Yunhong the terms of reference as well as the duties to facilitate the formation of conditions for the request to seek illegitimate interests of the Trustee, this article from the " The use of influence to bribe-taking " analysis of the case constitutes a crime. Firstly, the "use of influence and bribery crimes" analysis of the case constitutes a crime. Then discusses what is "close to people," and with the judicial interpretation of the "special relationship" and compare that "closely related" and is covered by a very wide concept. Then is to "influence" the identification, influence, can be divided into non-power influence and power of influence. How to identify the judicial practice of non-power influence gives a new perspective. Then compare the use of our additional influence of taking bribes and "United Nations Convention against Corruption" in different trading in influence crime were different from the main body, influence the scope of the meaning, scope of influence of the aspects of trading partners were analyzed. Finally, the effect of confusing the distinction between types of offenses are compared, put forward several proposals on the perfect crime.