Research On The Corresponding Acts Of The "Crimes Of Bribery By Using Powerand Influence"

Crimes of bribery by using power and influence was added into Article13of "theSeventh Amendment of the Criminal Law " and acts of accepting bribery ofnon-governmental staff bribery were incorporated into legal adjustment range. This willbe significant importance to contain and prevent bribery and push forward the progress ofthe Anti-Corruption campaign. However, the criminal law amendment did not clearlyspecify whether the corresponding acts to ‘crimes of bribery by using power andinfluence’(i.e. the acts of offering bribe) constitute a crime and what kind of crime sharethe act constitute, hence resulting different opinions on tackling this kind of act in judicialpractice. This article will illustrate on the issue of law application to the correspondingacts of the "crimes of bribery by using power and influence" through some detailed caseanalysis, in an effort to provide effective reference for judicial workers.This paper consists of six parts, about20000words.The first part is the case brief-Lee bribery case.The second part is the introduction of the case. In order to dump soil residue into thelow-lying land in the park (to evade the soil residue disposal fees and at the same time, tobenefit from filling the low-lying land as the contractor), Lee asked Liao (a governmentofficial) to help and promise to give Liao gratitude fees. Liao was in collusion with Yang(unemployed). Yang exploited his brotherhood with Yang XX, a government director,helped to achieve Lee’s end. Liao and Yang jointly received700000yuan from Lee as agratitude fee. The court of First Instance sentenced Lee to a set term imprisonment of oneyear and five months for Bribery.The third part is legal disputes on Lee’s bribery case. Viewpoint A: Lee’s act doesnot constitute a crime. It is because the criminal law of our country and its amendmentdoes not specify the corresponding acts of offering bribe to ‘crimes of bribery by usingthe influence’ constitute bribery or other charges. According to the "the principle of alegally prescribed punishment for a specified crime", Lee does not constitute a crime.Second type of view is, although Liao is a government official, however in this case, he was a relative to Yang, whom is a governmental official, he share be deemed as anaccomplice. However, Yang, who has accepted bribes, is not a government staff, Leeconstituted a crime of offering bribes to non-governmental staff. Viewpoint B, Lee hasoffered money and properties to Liao and Yang, whom are influential staff, to obtainillegitimate benefits through Yang’s influence, which has violated the incorruptibility,trustworthiness and impartiality as a governmental staff. So Lee share constitute a crimeof offering bribes.The fourth part is legal analysis. The author carry out in-depth analysis on theimportant issues related to legal principles, which including: illegitimate interests, theobject and target of bribery crimes, the object and target of crimes of offering bribes tonon-governmental staff. These are the foundation of the case study.The fifth part is law application analysis to the case. Based on legal principleanalysis of Part Four and in accordance with the interpretation of Criminal Law, authorfocused his analysis on three aspects: the object, manifestation of objective aspects andsubject, which were infringed by Lee bribery acts, hence concluding that Lee, who offerbribes, has constituted a crime of offering bribes, and further conclude that thecorresponding acts to crime of accepting by using influence share be subjected to crimeof offering bribes.The sixth part is proposals from the author.