Research On Influential Transaction Crime Under The View Of The United Nation Convention Against Corruption

United Nations Convention against Corruption, as the world' s first global dedicated anti-corruption legal document, which has features of targeted, effective and forward-looking, our country formally approved the Convention in 2005, which means that china' s criminal law has obligations to fulfilling the Convention and keeping consistent with the Convention. Contrast corruption crime in Convention and in our criminal law, and basically remained the same, but it has no corresponding regulations of influential transaction crime in criminal law.Influential transaction crime is a new count to China' s anti-corruption crime, but in China, actually, it does not lack the behavior of trading in influence, such as the family member of country staff carry on the transactions based on the impact of the relationship between friends and relatives; or the retired country staff carry on the transactions based on the impact of the original authority or the status; or non-national staff carry on the transactions based on the impact of the sentiment, the blood relationship, the geography, and the Panel relations. Nowadays the method of the corrupt crime increasingly variegated day by day, not only the authority, the influence also becomes the target of rent-seeking as a trading chip day after day. Because of latent hazardous to our country official business activity and the serious social hazardous which the behavior influential transaction takes in, it is necessary to build the influential transaction crime in our criminal law. Various countries have each national condition respectively, have each legal framework respectively. It is not feasible to copy the influential transaction crime in convention instantly in our country, it should carry on the comparative analysis to existing anti-corruption system in our country and absorb the regulation selectively. It exists certain overlapping place between the influential transaction crime in convention and corruption crime system in our country, but the influential transaction crime is completely different from China' s corruption crime legislative pattern , with its own independence, it is the punishment of the tropism transaction behavior, the two sides of the transaction are convicted and punished, and with the same crimes impunity. Therefore we must remove the influential transaction crime under the prototype of convention, reject the place which is superposition with our corruption crime, and set up influential transaction crime which coordinates with our corruption crime system.