Study Of Several Issues In Bribery Crime Of Influence

Corcuption with manifestation of brible and so on has become a global problem which has prevented economical development and normal running of society. Bribery crime,as one of the most typical individual cases,is the most common crime in duty crimes. It has severely destroyed normal activities and working order,causes damage to national interests,social public interests and vital interest of the masses and affects process of constructing a harmonious socialist society. It has terrible social harm. Every country makes various attempt to crack down the crime in time effectively and to keep a lookout.To bribery crime,our state has went through several changes in legislation. But it needs to develop and perfect continually in the process of dealing with series of problems reflected by the concave lens of practice. The publication of"Amendment VII to the Criminal Law"has great affection to the theory circles and judicial practice. While this amedment is exerting criminal policy of of combining punishment with leniency,it also enlarges the scope of stricking marginal corrutions and intensifys efforts to punish bribery crimes. Supreme People's Court and Supreme People's Procuratorate had presently published the Supplementary Agreement about Executing"Criminal Law of the People's Republic of China"to Confirm Crime (IV)"to confirm new crimes such as bribery crime of influence and so on. According to the Supplementary Agreement,bribery crime of influence will aim at"insider"of national staff. And this will have an important impact on the strictness of national bribery crime criminal dragnet and pubishment to bribery crimes. This paper starts from the definition of subject of bribery crime of influence and makes deep analysis and discussion to relevant problems of bribery crime of influence. The paer also proposes bold ideas to the perfection of legislation to bribery crime of infulence. The paper totally devides into four parts with details as follows:Part one: Comparative research to the subject of bribery crime of influence. This part first adopts historical methold to make a review to the legislation related to bribery crime since our nation was established. The paper makes an investigate to change of bribery crime subject in our nation's legislation,analyzes legislation breakthrough of bribery crime of influence and makes comparative research to"UN Convention Against Corruption"and regulation in other nation's legislation. On this basis,relevant reasons of the confirmation to the accusation of bribery crime of influence and comparatively clear definition to the crime subject in criminal law are discussed.Part two: Speculation to scope of bribe of bribery crime of infulence. This part makes detailed analysis and identification to scope of bribe through analysis and comments to the disputes of theory of bribery scope and in combination with current legislation of our nation. The paper also makes theoretical comments on the problem whether the non-property interes shall be included into bribery scope under the situation of comprehensive consideration of our nation's current social status and legislation.Part three: Rethink to relevant problems of bribery crime of influence. This part makes comments and discussion to the lover-typed joint bribery problem in the bribery crime of influence. It makes futher argument that lover-typed joint bribery national staff shall be accomplice through analysis of characteristics of lover-typed joint bribery. Meanwhile,the paper rethinks the legislation intention and proof of bribery crime of influence and points out its deficiencies and defects existing.Part four: Idea of perfection of bribery crimes of influence. The paper proposes detailed legislation perfection suggestion to clear difinition of relevant legal concept such as the expansion of bribery crime subject scope,definition of bribery subject,expasion of bribery scope etc. on the abovemensioned problems.