| Corruption has always been an issue of great concern all over the world.In order to fight corruption crimes more effectively,bribery with influence was added to the criminal law in 2009.However,there are many difficulties in the application of the crime.In order to better apply the law and guide the practice with theory,I will cite 11 specific cases of the Chinese judicial documents network to find out various problems in the application of the crime in the judicial practice and put forward my own views to solve the disputes.This paper consists of three chapters:The first chapter mainly explores the subject of this crime.The first subject is "near relatives",which has been defined by many legal departments.I think it should be defined according to the standards of criminal procedure law.The second "close person" is not detailed,the definition of close is very important,I think the standard of hindsight can be used to define "close".Finally,whether the national staff can become the main body of this crime,the academic circle has a lot of views,I think the national staff can constitute this crime.The second chapter mainly studies the objective behavior of this crime.The first is the criteria by which influence should be judged,whether it is objective or subjective,ex ante or ex post.Secondly,there are many types of illegitimate interests.From my point of view,seeking illegitimate interests includes both violation of substantive law by interests and violation of procedural law by means of obtaining interests.In addition,I think we should understand and seek illegitimate interests in accordance with the principle of objectivism.Finally,for the behavior of demanding money and property,the practical world is not easy to identify the situation,I will put forward the definition of the recommendations and views.For "property",I support "property interests".The third chapter mainly expounds the difference between this charge and similar charges,so as to better distinguish similar crimes in practice and achieve the purpose of more accurate conviction.Bribery with influence and the three crimes mentioned below are easily confused in practice,but there are also differences,whichare easy to be ignored in practice,so attention should be paid.The main difference between this crime and the joint crime of taking bribes is whether the public officials are informed and influential people to accept money or goods.I think the main difference between this crime and the crime of fraud is whether the parties can affect the decision and decision-making of the state staff.The main difference between this crime and the bribery crime is whether the doer has promised to seek benefits for the other party and whether the state staff can establish the bribery crime. |
