Research On "Influence" In The Crime Of Taking Advantage Of Influence To Accept Bribes

"Amendment to criminal law of the People's Republic of China(7)" has been passed through in Seventh meeting of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China,on Feb 28 2009.In this Law,Article Thirteen Responsibilities for Breach stipulates crime of bribery using influence.Unofficial staff can be the subject of bribery crimes through this article.Since the new article was applied,the argument has been exsited in the field of theory and practice.In the field of theory,there are many arguments about its subject and the definition of influence.In the field of practice,procuratorial organs in many places do not have an instance of this accusation.I have worked in the grass roots procuratorial organs,and met very few such case.Recently,through judgments downloaded in the referee's file network,I find out although the cases of bribery taking advantage influence are not as much as the cases of trationdational bribery,it has begun to increase gradually across the country.I consider the core argument element of the bribery taking advantage of influence is the understanding of "influnce".The definition of "influence" is the key to determine the charge.For a better understanding of "influence",this paper puts forward the definition of "influence" in practice,based on the existing theoretical and practical system of bribery crime in China and the existing judicial precedent,and analyzes the bribery taking advantage of the influence through the breakthrough point and angle of "influnce",then clearly distinguishs crime and non-crime,this crime and other crimes.I consider there are three aspects about the definition of "influence".The first one is to see whether they are close-related persons or not.And the range should not be too narrow or too wide.The daily relationship is close or not,can affect the state organs.The second aspect is the range of "influence" should not be power type,such as the influence of kinship and the influence produced by social intercourse.The third aspect is to judge whether the "influence" is real based on the afterwards affairs,not subjective judgment.