Research On Crime Of Bribery By Using The Influence

In order to fulfill the international obligations of the United Nations's Convention against Corruption signatories, and to effectively combat with increasing of the bribery by the people close to governmental staff in recent years, the Seventh Criminal Amendment Article 13 added one article afer Criminal Law Article 388, and which is identified as crime of bribery by using the influence. This crime expanded the scope of the subject which in crime of bribery. And it has practical significance to combat with the new types of taking bribes. However, as additional article of Criminal Law, how to identify the constitution of crime, the flaws in law-making and other practical issues must be resolved. In order to guide the judicial practice by theory, play the better proper role of the law, the paper researches on the the constitution of crime, practical identification, legislative improvement of the crime of bribery by using the influence.Paper is divided into four chapters:The chapter I, the overview of the crime of bribery by using the influence. This chapter started from the concept of influence, by comparing with the scope of the influence of crimes between the United Nations'Convention against Corruption Article 18 and the existing Criminal Law, It was determined that the the meaning and scope of the influence in the crime. In this chapter, it was also introduced legislative status inside and outside the country.Chapter II, the constitution of crime of bribery by using the influence. This chapter interpreted the qualification of the crime, subjective and objective elements in the judicial identification view. Qualification: The subject of the crime, including the separation of the governmental staff, the close relative of governmental staff and the separation of the governmental staff, the people close to governmental staff and national the separation of the governmental staff. I compiled the views of scholars on the subject identification. By analyzing these views, I proposed to the definition of "close relatives", "close" and the other conceptions. Subjective element: With a comparative analysis of the actors'mental attitude, I believed that the subjective element of the crime is direct intent. Objective element: I analyzed the three specific forms of use patterns; the reason to establish "to seek improper benefit" elements and the scope of improper benefit; put forward a proposal of improving the scope of the bribe.Chapter III, practical problems of crime of bribery by using the influence. This chapter discussed in two aspects, one is punishment ,the other is comparing with other crimes. In practice, I accomplished how to distingguish the accomplished bribery and the attempted bribery and attempted identification by the use of national standards. And I discussd the accomplishment of the governmental staff to be used. Meanwhile, I posed by the comparison of crime constitution, as well as the analysis of typical cases, did the comparative study between this crime and crime of bribery, crime of mediation bribery, crime of introducing bibery,to further clarify this crime.Chapter IV, legislative improvement crime of bribery by using the influence . This chapter discussed the flaws of legislation. The existing Criminal Law only punished the bribery, and the legislation to punish to the bribery had not yet, I believed that legislation should be improved. In sentencing standards of this crime, the standards of amount and other circumstances were not yet clear, I compared with existing related standards and made some recommendations.Through all these studies, this paper interpreted the concepts and constituion of bibery by using the influrence, discussed on the identified problems may be encountered in practice , analyzed the laws of legislation and made recommendations. Hope that through this we can better understand this crime in judicial practice.