On Using The Influence In Bribes Of China

Using the influence in bribes is a new crime charge in the amendment of the criminal law of seven. This new crime charge conforms to the actual need in struggling against corruption in China at present .This new crime charge expands traditional bribery crime subject, and fills loophole of criminal law and conforms to the spiritual essence of the United Nations Convention against corruption . Due to the short time of this announced charge, the criminal law theory and the judicial practice have no time to give in-depth research and discussion. This article attempts to analyse this crime in order to improve the correct use of this charge in judicial practice .Except foreword and conclusions, the thesis consists of the following four parts:The first part: the brief introduction of using the influence of in bribes. This section introduces the concept and the status in bribery crimes system.The second part: the constituents of using the influence of bribes.First, this section introduces the scope of crime subject;Second, this section introduces the subjective aspect; Again, this section introduces the use of influence; Finally, this part analyzes the using of influence in bribe crime object, this paper introduces all kinds of ideas in the protection of benefits,and thinks its criminal object is the purity of state personnel duty behavior, and discussss its criminal object .The third part: Cognizance of using the influence in bribes. This section introduces differences among the crime and no crime, with fraud and extortion sin, and mediating bribes and general bribery of joint crime.The forth part: Improvement the legislation of using the influence in bribery.First , this part analyzes the necessity of legislation in this crime;Second, from five aspects including this crime subject of crime to close to the bribery behavior and multiple mediation bribery into sin, taking measures to limit state functionaries discretion and adopting the principle of burden and establishing the charges of bribery crimes in crime system of the criminal legislation to be perfected.