On The Influence Of The Crime Of Bribery

On 29 August 2015, the criminal law of the people’s Republic of China Amendment (nine), after passing through the second session of the National People’s Congress Standing Committee to consider and vote, Article 46 of the added to influential people of the crime of bribery. In the legislative process of the crime, theory circle and practice circle had in relation to the crime of the necessary legislation and legislative technical problems launched a study, the final legislation machine after adding using influence bribery crime six years about will use the influence of bribery crime is the behavior of official crime. This article tries from the crime the legislative values, charges, crime subject, influence definition, the patterns of crime and other aspects, in order to deeply understanding of this crime, judicial practice better blow to help influence bribery crime.This paper is divided into five parts, the first part introduces the theory and practice of legislation of different views and disputes with scholars on the influential people of the crime of bribery are discussed, and the legislative value added of rationalization charges; the second part discusses the crime of bribery people influence unit the subject of crime, and how to identify the crime and natural crime units are described; the third part introduces the core elements of the influence of bribery or influence, introduces the classification and types of influence, and the influential people of three subjects were elaborated and defined; the fourth part clearly to give a definition of the crime of bribery, on the basis of the analysis of crime accomplishment and attempted crime, and the act of the crime carried out specific analysis, and the The criminal act of the actors how to identify are discussed; the fifth part analysis the identification of influential people bribery, including the connection and difference between this crime and gifts, emotional investment, bribery, to help in the judicial practice more clear identification of the crime.