Research On Taking Bribes In Influence

One of Article 388 made expansion of the main body of the traditional bribery and established the charge of taking bribes in influence. The introduction of a new crime of the crime necessarily requires us to understand and apply in-depth. Use of taking bribes in influence can make establishment of a Perfect bribery provisions to effectively combat and prevent corruption, the important role that can change our traditional bribery provisions have been unable to adapt to the current regulations the crime of corruption need to reality, while the crime of setting up but also to China earnestly fulfill the obligation of "United Nation Convention against Corruption" and commitment to demonstrate our commitment as a major power to keep. Firstly, we need to identify the features of taking bribes in influence of the composition, especially the provisions of this crime, which are ambiguity or easy to confuse. Taking bribes in influence infringe the duty of fairness; the meaning of "influence" in the Criminal law is limited to non-power influence; the range of near relatives should in accordance with stipulations of criminal procedural law; It is appropriatly that the specific scope of the crime is not clearly defined, and vaguely described as "other closely related with the national staff person". Secondly, the crime easily confused with Taking bribes in influence is also the need for precise definition and distinction. whether there is existing collusion is an important basis to define the crime of bribery and other related crimes. When they are collusive, the "close person" and national staff are joint crimes for bribery, but not exist, we should distinguish between specific: that is, if the "close person" is the national staff and using the power of influence, their actions should be in accordance with the so-called "mediating bribery", and be punished for taking bribes; if the "close person" is not the national staff, or though a national staff, but using non-power influence, their behavior should be punished as taking bribes in influence.Of course, legislators is not God after all, it is undeniable that the crime also faces many practical difficulties in judicial practice and have encountered various problems and controversies, such as whether taking bribes in influence will become "impunity character" for corrupt officials to take bribes, which puzzles judicial practice. In addition, Chinese bribery system become more perfect for this revision, but there remain "Mishaps", eg taking bribes in influence dosen't cover the behavior which use national staff of the close relationship indirectly to take bribery, taking bribes in influence lack the the crime of companies, the crime of using the influence of the staff of enterprises or other units to take bribery or other issues. Solving these problems can only be waiting for us to explore and explain them accuratly, and improve the relevant legislation through the concept of our criminal legislation further connect with international law.