Analysis On The Subject Of The Crime Of Taking Bribes In Influence

Anti-corruption has always been the focus of our work.“CriminalLaw Amendment Seven” has set the crime of taking bribes in influence inorder to cope with the diversification of bribe crimes, aiming at striking thebehavior that the one who has a close relationship with the statefunctionaries obtains money using the public power. Although theestablishment of the crime of taking bribes in influence has perfected ourbribe crimes legislation and made a breakthrough in cracking down thebribe crimes, there are still lots of problems.Its effect is not very prominentin the judicial practice and the cases is quite few in nationwide. One of themain reasons is the unclear definition of the crime subject. Even if therehas been a clear list for the crime subjects, there still exists lots ofcontroversies in the concrete determination, such as the lack of definitestandard to explain the word “other closely related people”,”closerelatives” and “leaving state functionaries” and the short of basis to punishcertain bribes.This article will start from some judicial case, and then makean analysis on the disputes and problems caused by the unclear definitionof the crime subjects.The article firstly discusses the dispute about the crime subject. Forthe definition of the word “close relatives”, the writer adopts the opinionsof the General Principle Of the Civil Law. For defining “other closelyrelated people”, establishing the prior review and post review principle isthe key and it depends on specific situation. As to define “leaving statefunctionaries”, the writer agree with the classification of “the retired, the dismissed and the fired” and at the same time discusses the classification ofthe ones who are not at work while have been authorized.When it comes to the defects of the crime subject theory, the writerthinks it involves the following questions: It is still unclear whether thestate functionary can become a subject of the crime; It is too narrow of theconcept of the natural person as the crime subject. There is a legislationdeficit of not involving the organization as one subject of the crime so thatleaving the so-called “consulting companies” set by the state functionariesfor their relatives and friends seeking for profiteering out of the legislation.For methods to solve the above disputes and problems, the writer suggestsit can be prescribed in the judicial interpretation for the dispute of thesubjects and perfection of the legislation to cope with defects of the law.