Research On The Crime Of Bribery To Influential People

This article first searched the “ Peking University magic weapon ”verdict that will use this crime as the result of adjudication,and found that the four years from the implementation of the “Criminal Law Amendment(9)” on November 1,2015 to November 1,2019 There are only 62 related verdicts in the country.In other words,each province handles less than one case pertaining to this crime each year.As a new crime that further tightens the bribery law network and is in line with the International Convention against Corruption,when the Party and the state have made great efforts to combat corruption and anti-corruption,one after another has achieved significant results,such statistical results are really puzzling..After analysis,the author believes that the reason why there are fewer cases related to this crime is the lack of theoretical research on the legal benefits of this crime,the lack of realistic and feasible methods to grasp the constituent elements of this crime in judicial practice,the unfinished form of this crime,and joint crimes.Less attention.This article will first study the legal benefits of the protection of this crime.Based on this,the author analyzes the elements of the crime,the unfinished form of the crime,joint crimes,and some difficult issues involved.The difficult problems of crime in judicial practice,and propose solutions.The full text is divided into five parts:In the first part,based on the research and determination of the legal benefits of bribery crimes,through analysis of the crime,the legal benefits protected by this crime are determined to be complex legal benefits,that is,direct legal benefits are citizen trust in the non-exchange of the functions and duties of state officials;indirect legal benefits It is the non-exchange of the functions and duties of national staff.The second part analyzes the elements of the crime.By comparing and summarizing various theoretical viewpoints,what criteria are used to determine the scope of close relatives and the specific staff members who leave the country,both theoretically and in judicial practice,on how to identify improper interests and close relationships.Controversial and inconclusive issues put forward their own path to problem solving.And analyze the typical cases in judicial practice along this path.The third part analyzes the crime form of this crime.First of all,it is demonstrated that there is an attempted form of the bribery crime,and then based on the standard of the bribery crime,it is concluded that the “criterion”should be adopted for the standard of the crime of the bribery.,Using the trustee to obtain improper benefits as the criterion for the completion of the crime;for the case where the influential person is given first,then the improper benefit is obtained,and the improper benefit is not obtained,the influential person actually receives the property as the criminal attempt Standard.The fourth part analyzes the form of the crime of this crime.Firstly,the possible imaginary conspirators and implicated offenders in this crime are demonstrated in detail,and then the punishment for the imaginary conspirators and implicated offenders is considered reasonable.The fifth part discusses the common crime of this crime and its distinction from other crimes.First analyze the similarities and differences between the crime of bribery,introduction of bribery,mediation of bribery and several other “easy confounding” crimes,and then the development of joint crimes of this crime,the co-conspiracy of this crime,and bribery and bribery,Changes,analysis of what criminal responsibility should be borne by all parties.