Research On The Crime Of The Influence Bribery

Scholars have done a lot discussion and research on bribery by influential, and using the influence of taking bribes is a new crime after the introduction in 2009 in the "Criminal Law Amendment (7)". Before the "Criminal Law Amendment (7)", the promulgation of the academic impact of the use of bribery is based on Article 18 of "United Nations Convention against Corruption". Today, there is a difference between the introduction of accepting bribes by using influence and the "United Nations Convention against Corruption." The difference has caused the academia, or even people's extensive research and discussion. From the overall analysis, these discussions are generally focused on recognizing of the Justice, and both gains and losses on legislation. Specifically, when it comes to the main subject of this crime, we must make clear "near relative", "left the national staff", "other closely related person" of the scope and define their meaning. As for the objective aspect of identification, you must explicitly "influence" means, type, and the status of this crime, the use of "influence" of the specific approach and influence on the use of accomplice in the crime of bribery form, the distinction between forms of crime to stop. Among influence in the use of bribery and related offenses defined, there should be a clear influence of accepting bribes and using the good offices of taking bribes, taking bribes and the use of influence introduced bribery, the use of bribery and influence in the crime constitutes a fraud on the similarities and differences and difficulties on the judicial determination. Influence of bribes in the use of gains and losses and improve the legislation, the use of influence in accepting bribes results in gains and losses in five areas, including expanding the scope of the main crime of bribery, while increased the scope of uncertainty of briber; the presentation of the objective aspect is still not out of the existing defects in the legislation; breakthrough in the penalty on the crime of bribery is the progressive point, but the specific criteria should be more clear; the sentence to this new crime is the adjustment to the "United Nations Convention against Corruption," but the adjustment is not complete; lack punishment of giving bribery caused the imbalance of regulation.