Research On Relevant Problems Of Bribery Crime By The Influence

Bribery crime by the influence is the bright spot in the PRC Criminal Law Amendment Act (7).This article is divided into three chapters to research on Bribery Crime by the Influence and relevant theoretical and practical problems.Chapter 1 mainly analyses essential elements of this crime by the traditional"for-element-theory"in Criminal law. First, this chapter analyzes the object of this crime, and I analyze the object by compared and deductive method. Then, I elaborate on the subject of the crime ,including status of the subject, in order to solve the problems about the subject is common or special and the subject is government official or not. In this part, I analyze the scope in the body and the related problems of leaving national staff, and compare the"Closely related people"and"specific related people". In addition, I also analyze the subjective and objective aspects of crime.Chapter 2 probes into some difficult issues and questions in this crime. The first difficulty is the boundaries and connections in accomplice of bribery, mediation-bribery crime and the introducing bribery crime. In this crime, there are two persons at least, involving the problem of accomplice theory. Clarifying the status of people accomplice has an important significance for judicial determination. This chapter analyses the status of accomplice. The object of the punishment of the crime was never before in full the provisions in Criminal Law. And I also analyze the standard of behavioral offense and attempted offense is on the behavioral of the subject or on the official by comparing mediation-bribery crime. This chapter also expounds the judicial identification of the symmetric offence, which has important significance to judge guilty or not guilty and this crime and that crime.Chapter 3 mainly analyses the improvement of Bribery Crime by the Influence according to its defects. Compared with the Trading in Influence in the《Anti-Corruption Convention》, analyzing of the rationality of charges, I take some advices to the charge on my view. There are many similarities between Bribery Crime by the Influence and mediation-bribery crime, so this chapter resolves the problem whether the two are combined into one.Bribes system in our country is divided by two-tier system--- official and nonofficial, which is not good for the long-term development of the system of bribes. This system is crashed fiercely after Bribery Crime by the Influence published, because the subject of this crime is across the two aspects of the binary system. For this solution above I also do a detailed analysis in this chapter, and make prospect of the development of Chinese bribery system.