Research On The Crime Of The Influence Bribery

In order to cope with the new trend of bribery and solve the difficult problem, amendment 7 add bribery in influence. Article 13 of amendment 7 of criminal law is an important milestone in anticorruption. This thesis is divided into three parts to state the problems on bribery in influence.Chapter one is consisted of criminal subjects of bribery in influence. The author states that the subject is limited to non-national workers. The definition of relatives can refer to article 11 of the explanation made by the supreme people's court on the implementation of administrative litigation law of the people's republic of china. People who is close should be considered both form and substance. Meanwhile, it must exist non-loose connection and can therefore produce a certain function. Quit state functionaries should be considered from range,time limit and quit way.Chapter two concludes judicial cognizance of bribery in influence. Firstly, the author begins with the special constitutive elements of crime. The object is national workers'duty honesty and fair market competition order. Objective aspects of large amount can be combined with specific condition of different provinces. Before the judicial interpretation is issued, "other heavier plot" can combine with previous "serious circumstance" and "evil circumstance". Secondly, the author compare bribery in influence with bribery,fraud and introduce bribery to distinct the problems in justice. Finally, the author analyzes three categories from the accomplice in judicial cognizance.Chapter three narrates the improvement on bribery in influence. Although the establishment of bribery in influence can effectively prevent corruption, in reference to the United Nations'convention against corruption convention, it still has some shortcomings:first, subject should extended to anyone who use the influence; second, lacking of the punishment of briber.