A Study On The Legal Issues Of Bribery Crime Of Influential People

The Standing Committee of the 12 th National People’s Congress of the People’s Republic of China added the crime of offering bribes to influential people in the amendment to the criminal law of the People’s Republic of China(IX)(hereinafter referred to as the amendment to the criminal law)(IX))issued in 2015.The increase of the crime made up for the legal loopholes in the bribery type crime,and also increased the attack on the corruption criminals Degree.Due to the short time of the actual implementation of the crime,there are still some unclear places in the judicial practice.Therefore,this paper explores the crime in order to solve the related problems in the judicial practice,provide useful theoretical basis for the application of this crime in judicial practice,and hope to better crack down on the criminal act of "bribery to influential people".From the perspective of three cases of bribery crime against influential people retrieved from Chinese judicial documents online,this paper sums up the divergent opinions of these three cases in judicial practice,combines the relevant knowledge of criminal law of the People’s Republic of China(hereinafter referred to as "criminal law")and related theories about "Bribery crime against influential people",and applies and disputes the laws of thethree cases The focus of the discussion is analyzed in detail,hoping to provide reference for the identification of "bribery crime to influential people" in judicial practice.This paper is divided into the following parts:The first part is a brief introduction to the main cases of the three cases related to this crime retrieved from the judicial documents,finding out the dispute focus in the case and the reasons for different judgments of the same case,and a brief analysis of the dispute focus in the three cases.The second part is the relevant legal analysis of the case,which is also the focus of this article.This part starts from the subject of bribery,briefly defines and analyzes the connotation and scope of "influential people" and "seeking improper interests".Secondly,it analyzes this crime and other similar crimes,and clarifies the boundary between this crime and other crimes.In the end,it analyzes the continuous crime and imaginative joinder of offenses.By clarifying the above issues,we can lay a theoretical foundation for the application of the crime in judicial practice.The third part is about the research conclusion and Enlightenment of the case,mainly based on the legal theory analysis of the second part,combining the case with the relevant legal theory to analyze,judge the dispute focus of the case,and analyze the process of judicial determination of the crime.