Research On The Crime Of Taking Bribes By Using Influence

The situation of bribery which shows the features of prevalence, diversity, complexity and concealment is getting worse in China. The crime not only damage national construction, the impact of social psychological balance system, more damage to the party and the government's public authority. There is still a long way ahead to effectively eradicate it. In order to penalize the complexity of bribery and to fulfill the obligations of the United Nations'Convention against Corruption, the seventh meeting in the eleventh national congress standing committee of the People's republic of china has adopted the"PRC Criminals law Amendment VII"('Criminal law Amendment VII'as follows) on February 28, 2009. Article 13 of the Criminal Law Amendment VII increases a new crime of bribery,which is like the"trading in influence"of the United Nations'Convention against Corruption('Convention'as follows). And the new crime was named as"the crime of taking bribes by using influence"on October 16, 2009.This paper, based on the legal stipulation of national laws, takes the crime of taking bribes by using influence as the subject and draws upon Convention and relevant legal stipulation aboard to basically discuss taking bribes by using influence and relevant legal regulations. This paper contains four chapters. It has the following structure:The first chapter talks about the legislative background and practical significance of the crime of taking bribes by using influence. In order to understand the crime thoroughly, the article also compares it with the convention as well as doing research on crime of trading in influence in the other countries'criminal law.The second chapter discusses the definition of the crime of taking bribes by using influence. Similar to other crimes,the crime of taking bribes by using influence also includes its criminal object,objective aspect of crime, criminal subject and subjective aspect of crime,among which,criminal object is the national anti-corruption construction system,the objective aspect consists of several constitutional elements, such as using the influence, demanding the improper interests with authoritative behaviors for an entrusting party, obtaining or taking the property and reaching the level of larger amount or serious plot. Subject of this crime is national staff or non-national staff,the subjective aspect of crime is directly and intentional.The third chapter carries on the discussion with the relation between the crime of taking bribes by using influence and other related crimes such as accepting bribes, middleman briberies and introducing bribes etc. The discussion is very helpful to understand this crime deeply.The fourth chapter is about the legislative suggestion against the crime of taking bribes by using influence. However, we must be aware of the problem that provisions still have some shortcomings about the crime of taking bribes by using influence in Criminal law. Based on the provisions of"convention"and domestic,the author put forward the related legislative suggestion on three aspects which contains expanding the scope of subject, enlarging bribery to all of the illegitimate interests of both properties, which include not only properties,but also property of benefits and non-property of benefits, adding the punishment for the briber. The author wishes that it would be helpful for the anti-corruption in our country nowadays.