Use Impact Considerations Of Bribery

Curb corruption, the punishment of corrupt officials, combating. bribery is urgent, as China's socio-economic development, the deepening of reform and opening up, bribery presents a new way. Criminal law amendment VII article 13 against reality in national staff side of close relatives or other close associates, as well as the separation of State workers, when they separate, bribery is subject to the principal is not that which is not effectively punishing conditions. Two high-set this, to use influence on charges of bribery, so since the current penalty system for accepting bribes can be caught by the dense weave. But using the influence of bribes is one of China's criminal law, the new offences to academia and practice sector the recognition premature, so how to identify the crime that was placed in judicial practice of a challenge. The author therefore produced a study on motivation of this crime, this article from the start of the evolution of bribes, tried to analyze the evolution of internal actuation force and rationality, and then on one of the four elements, as well as the offence of setting sort expounded, last to the end of the applicable as a crime.In addition to the introduction and conclusion, this article is divided into four chapters:The first chapter briefly describes the legislative background of China bribery and recalled. Bribery phenomenon as the history of the formation of social phenomena, as well as in China since the reform and opening of the legislative history of bribery, from bribery in the course of legislative changes, the following conclusions:the main scope of bribes and the objective elements with the social development and constant change.Chapter 2 discusses the use of impact elements of bribery. The main aspects of the offence, considers that the main body of this crime are the following three parts:one is the national staff of close relatives (including the separation of the national staff of close relatives, hereinafter referred to as near relatives), second, and State officials close associates (including with turnover of national staff close associates, hereinafter referred to as close associates), the third is the separation of State personnel; the object of the offence, considers that the elements of this crime is on the justification of the infringement of duty Act; the subjective aspect of the offence, considers that the subjective element of the offence is the intent and purpose of the content should include two aspects:one is deliberately to influence people to resist making improper interests; the second is to occupy most of the CAAC for purposes; the objective aspects of the crime, focusing on the influence of meaning, the influence of land use patterns, as most people seek illegitimate interests.Chapter 3 discusses the question of setting sorting sins. The author holds first look from the terms of behavior, using the influence of bribes and mediate bribery of behavior of people are using someone else's job to pay their own acts of bribery, namely, the price is used as a trustee who seek illegitimate interests, this crime acts in a manner consistent with the characteristics of good offices and bribery, the criminal law amendment 7 will use the influence of bribes in criminal law 388 back is reasonable; and secondly by comparing that separate the charges for using the influence of bribes is reasonable.Chapterâ…£the use of the influence of accepting bribes for problem analysis. I turn first to the crime the sum involved or have other problems with heavy plot was discussed that the amendment did not adopt the legislation provided for mode of quantitative, can make by the judicial authorities; secondly the feasibility of explanation is, that the attempted, this crime is, the standard should take "attempted receipt said" that the perpetrator if no request or receiving property, then its criminal purposes does not implement, crime is not succeed; the last on this and other crimes for analysis.