Criminal Regulations On Trading In Influence

Today the state power is no longer a supreme power,the subject of power becomes plurality,owner of power isn't limited to state functionary,so bribery of society power owner is constantly going up.In the recent years,from the law case of Li Jia Ting,Wu Zhen Han and Zheng Xiao Yu,people who around the leader use the non-power influence to receive bribery have become one of the most obvious characteristics of bribery crime. As a new offence defined by United Nations convention against corruption,trading in influence have grave social harmfulness and become a cancer of an order society.As an important measure to fight against trading in influence,because of lagging and lack of completeness,our criminal law is fail to produce a marked effect.Now our country have joined United Nations convention,so according to the convention to improve our criminal law is our duty and also necessary.Because of the above,this paper studies the trading in influence crime established by United Nations convention against corruption and the related crimes of our country in the view of criminal law,mainly by the means of comparatively studying,meaning interpreting and demonstration analyzing,pointing out the deficiency of the criminal law of our country and advancing the advice of its improvement.This paper mainly consists of five parts:Part one,introduction of trading in influence.Mainly introduce the regulations of trading in influence in international conventions.Especially introduces the fundamental conception,scope and character oft he constitution of crime of trading in influence.Part two,comparison and analysis of trading in influence and bribery crime.Compare the regulations of trading in influence and bribery crime,this paper advocates that trading in influence is separated from the bribery crime.They are basically the same except the actor.Part three,comparison and analysis of trading in influence and related bribery crimes in our criminal law.Compare the two this paper advocates that they are somewhat the same when one of the deal actor use its power influence to get beibes.However,when one of the deal actor use its non-power influence to get beibes,our criminal law still need improve.Part four,legislation causes of trading in influence in our criminal law.This part mainly discuss the necessity of trading in influence be regulated in our criminal law from theory basis,practices analysis and internationality three aspects.Part five,legislation improvement of trading in influence in our country.This part mainly talk about the legislation improvement of trading in influence from legislative pattern,crime constitution and penalty configuration three aspects.