Research On The Crime Of The Influence Bribery

The Amendment VII to Criminal Law introduced in 2009, its increased provisions aim to regulate the conducts that closely related persons of public servants, public servants who have already left office and their closely related persons accept bribes, then pursuit profits for some ones. Break out the traditional of the existing only in a joint offence of bribery crimes, the Crime subject is not the public servants, included public servants and public servants who have already left office and closely related persons into a new type of bribery crimes subject. Increasing number of new articles in the bribery conviction canceled the amount of specific provisions of bribery, established the amount of bribes and other circumstances of both the sentencing range, optimizing the property of the fight against bribery criminal way, it was fine, the inadequacies of the new requirements is how to define "close person" close relative scope of new legislation have yet to be explained. This paper is divided into three parts:Part I:Overview of the crime of the influence briberyThis section describes the use of the influence of the charges of accepting bribes in criminal legislation in China that appears to promote both domestic and foreign factors of background knowledge, to establish the influence of taking bribes on the use of knowledge and initial understanding of the macro. Influence on the use of charges of bribery charges in the two explained that existed before the introduction of high controversy, and whether you can set up independent post-offense charges and determine the pros and cons analysis of the composition analysis for the next lay the foundation for the theoretical basis of the basic reserves.Part II:The elements of the crime of the influence briberyThe community there has been some theoretical impact on the use of the main body of the scope of bribery (mainly in close relatives, people close to define the concept), the subjective aspect, object, objective aspects ("through" behavior, "the formation of authority or position facilities, "the understanding) to analyze the dispute and refer to the relevant provisions of foreign countries, more than trying to have a correct understanding of the content and make reasonable suggestions.Partâ…¢:Confirmation analysis of the crime of the influence briberyAccomplishment of this crime that part of the standard and the actual judicial action that may arise with the use of the common influence of bribes bribery, bribery of a variety of mediation may be competing for the analysis of the various possibilities, hope to achieve through detailed distinction between judicial practice to participate in detailed mode of operation.