Dissert Close Relevant Person Of Criminal Law

With the development and transformation of economy and society, the means of crime update constantly and the material desires of people expand continuously. The behavior of power-seek-rent gradually enlarges and spreads into many related fields of great benefits. Some people still have powers of influence in certain gainful fields. People who maintain close relations with state functionary that at work or retired may proceed with power-money deal unscrupulously in legal blanks. The original state judicial interpretation does not fight state functionary efficaciously, which is not advantageous to the determination and management of bribe cases under new situation. Against this background, people who maintain close relations with state functionary are regarded as subject of bribery according to article No.388 of the criminal law, which indicates that our country pay much attention to the bribery phenomenon of those people who are closely related to government officials. This rule not only promotes the work of combat corruption and building a clean government, but also helps cracking down on corruption. Furthermore, it shows that our country carries out obligations while acts as a treaty power of UN treaty to fight corruption worldwide. However, judicial interpretation of close relevant persons has not come on. Because the academic circles and practices are controversial, especially for the detailed definition of connotation and category of close relevant persons. Therefore, the author begins with the definitiveness of legislation and justification of justice and considers it essential to analysis the category and definition of close relevant persons systematically so as to ensure the definiteness of fighting against bribe crime. This article discusses the theory of criminal law, juridical practice and legislative spirit of article No.388 of the criminal law in order to analyze the background and significance of thesis, main contents and methods and put forward own opinions about the theoretical basis and connotation of close relevant persons. In addition, this paper adopt the deductive, generalization and history analysis to study the recognization methods of close relevant persons, such as possessing criminal responsibility, making use of the influence of national public servants or accepting money and things from other people. Moreover, the study focuses on definition the category of close relevant persons, including specific relevant persons and their close relatives. The writer also puts forward viewpoints that the relationship between close relevant person and specific relevant person is crossover instead of subsumption and the relationship between close relative and close relevant person is juxtaposition. This research is expected to have reference significance for enhancing the criminal law of our country, strengthening the punishment intensity of bribe and helping our country to integrate with the United Nations Convention against Corruption.