Research On Bribery In Influence Crime

The crime of bribery in influence is a newly-added criminal charge in Seventh Amendment to Criminal Law. The issuance of the crime plays an important role in perfecting the criminal law system and combating offense that taking advantage of the influence to the national staff to seek or accept bribes. The crime herein has aroused widespread concern in the academic and practical fields. Nevertheless, in dealing with some perplexed problems concerning this crime, theorists have not yet carried out an in-depth and detailed study. It also lead to the situation that this crime is rarely applicated in judicial practice. For resolving this problems, this dissertation bases on the regulation of Bribery in Influence Crime in Criminal Law to analyze related legislations and theories at home and abroad, the essential conditions of this crime, to have a more comprehensive and systematic elaboration and clarification on the knotty problems. This paper is divided into six parts, with approximately110,000words.Chapter one provides an overall review on Legislation of Bribery in Influence Crime. First, this paper explores legislative evolution, legislation motivation and legislative value of Bribery in Influence Crime. Tang Code first stipulates officials' family bribe. Nowadays, Embezzlement and Bribery is increasingly rampant, it is very difficult to verify and process joint bribery crime. The establishment of Bribery in Influence Crime can perfect the bribery crime law system, promote the anti-corruption campaign, and follow the international trend of the fight against corruption. Next, the dissertation comments the United Nations Convention against Corruption as the representative of the International Convention or Interregional Convention, and the legislation of France, the United States, Canada, China's Hong Kong and other countries or regions, compares and analyses the differences and similarities. Finally, according to the legislative mode and accusation in judicature, it believes that the provisions of this crime need to be adjusted. We must pay attention to the "influence" of that issue.The second chapter is firstly researching on the object of Bribery in Influence Crime. Through analysis and comparison of various theories, the author thinks that the object of the crime is the crime of bribery of non-national staff positions buying behavior. In the Bribery in Influence Crime, the actor use influence as a medium of exchange of power and money to take the property as the price to make national staff to do or not to do duty behaviors, it also violates the non-bribery of the national staffs'duty behavior.Chapter three is the objective essential conditions of Bribery in Influence Crime. This chapter is divided into three sections. The first section is an overview on the bribery and behavior. The author thinks that bribery includes property and property interest. The construction of behavior is mainly described as follows:the actor seeks or accepts bribery, and then influence national staff, and the national staff seeks the unjustified interests for the entrusting person through duty behavior. Section two study on "duty behavior" and"making use the convenient conditions formed by the power and position", analysis the concept, content, forms and similarities and differences. The meaning of "making use the convenient conditions formed by the power and position" is different between in Bribery in Influence Crime and in Mediate Bribery. In section three, the author first analysis "Seeking the Unjustified Interests for others". It belongs to the objective essential conditions; specific performance is that national staff promised the actor what he asked for. Then the author discusses the specific meaning of "Unjustified Interests", it includes unjustified interests both in essence and in producer.The fourth chapter is the core of this article. It discusses the subject of Bribery in Influence Crime, which is the most important difference between this crime and Bribery Crime. Section one discusses about that bribery in influence crime is identity crime. In section two, the author investigates and analysis the meaning of "Closed Relatives". It is not feasible to copy the concept in Criminal Procedure Law, Civil Procedure Law or Administrative Procedure Law. But it should be based on the purpose of legislation and the protected object of this crime. Closed Relatives contain conjugal relation, lineal consanguinity, collateral relatives within three generations and nearly affinity. Section three mainly deeply discusses about "Closely Related Person". The concept of Closely Related Person should not be empty set in judicial practice. Section four discuss about the concept and range of Resigning National Staff. Resignation means losing the powers, and it is not necessary to lose the identity of national staff, neither fixed number of years from resignation.The last section discusses about other very difficult problems about the subject of crime.The fifth part focuses on the criminal pattern of Bribery in Influence Crime. This chapter is concerned about cessation pattern, joint pattern and quantity of crime.Chapter six discusses the determination of Bribery in Influence Crime. It is mainly about the dividing line between crime and non-crime, between this crime and Bribery Crime, Intro-bribe Crime and Fraud Crime.