On The Crime Of Taking Bribes In Influence

Economy system,interest pattern and ideological concept in contemporary China are experiencing great changes so that more and more corruption factors appeared. Especially with the enhanced punishment and further developing society, the bribe methods are continually updated and far over the traditional types in the passed long history. Among of these new bribes people with closely relationship to the leading cadres could own the special influence power from the cadre and then utilize such power to provide the special permission to anybody pursuing the benefits, to impact the fairness in the economic contract competition, to influence the cadre promotion and etc. By these ways these people can gather huge illicit wealth. Once the case exposed, they will transfer the illicit money and melon, veil the facts, and try to evade legal sanctions. This kind of bribe is becoming one new trend of bribery. In addition, some retired leading cadres utilize their potential influence to take bribes and seek unfair benefits. This is another new trend of corruption crime. Because these two kinds of Crime of taking bribes in influence don't meet the traditional standard of bribery crime they can not be incriminated. The situation of lagging legislation was not changed until the Criminal Law Amendment was released. Meanwhile, China also acceded to the treaty of United Nations Convention against Corruption in 2003. The principle of international law required that the treaty must be abided and the system of bribery crime in China must be consistent with the Convention. With such background Article 13 in"Amendment on Criminal Law (7)"was released and it absolutely filled up the legislative vacancy that the people around state functionary or retired officials and the people around them not abusing their potential power to take bribe. The legislation also manifested that China has implemented its promise.Since the crime of taking bribes in influence is a new accusation, criminal law experts have many different opinions on how to correctly understand and master it. It is a matter of great significance in both theoretical and practical if we can make thoughtful analysis and provide reasonable and valuable suggestions that could be utilized to instruct the judicial practice in the legislative and the judicial organ.In this paper, the legislative background of crime of taking bribes in influence was introduced firstly. And followed by the investigation on the core problem of this accusation---constitution of crime. The author had deeply analyzed and summarized the subject and object of the crime, the subjective elements and the objective elements of the crime, the way of the act, accomplished offense and criminal attempt. Among them the controversial issues were specialized in detail. Finally, the legislative proposals in both practice and theory are raised.