Research On Issues Of The Crime Of Taking Bribes By Influence

The establishment of the crime of taking bribes by influence will be of great significance to the Perfection of our anti-corruption legal system ,at the same time, it provides strong legal protection for the in-depth development of China's anti-corruption struggle. This article is aimed at providing reference for Chinese legislation and justice through systemic argumentation, in the hope that we can prevent and reduce this kind of crime, so we are able to protect the fairness and justice better.This essay will make a study of the crime of taking bribes by influence mainly from the following five parts:The first part is mainly to make a summary on the crime of taking bribes by influence. As one of the 388th item of Criminal Law, the crime of taking bribes by influence, however, is an independent charge which is different from any other charges in criminal characteristics. China is sharply different from many other foreign countries and organizations in terms of legislation of this crime. They always regulate a wider range of subject of this crime than our nation. They, to varying degree, take the action object of bribe as unlimited"interest"otherwise than us to limited it to"property"; besides, as for the act of offering bribes which is corresponding to this crime, they mainly choose to punish them together, but we just punish the act of accepting bribes.The second part analyzes the constitution of the crime of taking bribes by influence. This crime greatly expands the scope of the subject of bribery crime, which is good for effectively punishing some practice-prone new kinds of corruption such as family members taking bribes, mistress taking bribes, and retired officials taking bribes etc. However, it also brings the controversies of the scope of the subject and the objective aspects of the crime. The third part mainly analyzes the judicial cognizance of the crime of taking bribes by influence. Because this crime is behavioral offense, after the feasor seeking or accepting illegitimate interests, he becomes the attempt of this crime when he incorrectly recognizes his own"influence"or fails for the reasons other than his will. This crime has many similarities with the bribery crime, the introducing bribery crime, and the mediating bribery crime. It is of great significance to clearly define them. The fourth part of the essay mainly analyzes the influence of taking bribes by influence on the system of the bribery. Because of the lack of the judicial interpretations and the legal provision for long time, the overall logic of the bribery is seriously in short. The original charge system distinguishes bribery crimes into the authority of the crime of accepting bribes and the non-authority of the bribery crimes according to whether it belongs to the staff by a binary mode. In such a mode, the partitioning patterns of a subprime binary about natural person and unit is added which increases the conflict of the crime system. After such crime established in the Criminal Law, the standard of the bribery crime of our nation changes from subject identity to behavioral nature.The fifth section mainly analyzes the relevant legislation improvements on taking bribes by influence. After the legislation on the offence was promulgated, the regulations on the act of bribe acceptance in the present Criminal Law were much improved, but there are still many aspects that need to be adjusted urgently. For example, units who use their influences to accept bribes,"professional brokers", and the pre-service bribe acceptance behaviors should be under the criminal punishments. To define the scope of bribe-taking should not only adopt the narrowest meaning of'property theory', that is to say it's too narrow to define the bribe-taking just as accepting money and articles. The scope needs to widen.To summarize, the new law provides a strong support for the fight against bribes, it also makes it easier for our bribery crime system to be related to the UNCAC, as well as to reveal our superpower stance of keeping words. However, lots of specific questions need to be detailed and perfected since it is still imperfect in relevant legislation of this crime.