On The Bribery Crime By The Influence

This thesis embodies analysis and research on"Bribery crime by the influence"related theoretic and practical problems."Bribery crime by the influence"is a new accusation which was set up in PRC Criminal Law Amendment Act (7) in February 2009. The set up of this accusation shows the PRC criminal policy on striking bribery related accusations , reflects the need of social practices, and responses to the"UN Convention against Corruption"and thereby acclimates the trend in global legislation. Although the set up of this accusation is of high legislative value, and also attracts broad attentions from legal area and even the whole society; the research on this topic is far from enough—it's not in detail, depth or systematic. In fact, compared to other legislations in the world, the one in our country needs clarification and explanation in many aspects, like subject of crime, object of crime, etc. The research and solution on these problems are very important to the development of our criminal theory and criminal practice. This thesis is based on the current regulation and research, and aims at explaining difficult points of this accusation by discussing the text and purpose of legislation. Also, this thesis offers some legislative suggestions by learning from other legislations all over the world.There are five parts of this thesis.The first part is introduction, which describes the research background, research value and research significance, and the use of the Bribery crime by the influence . The chapter one discusses relative regulations on"Bribery crime by the influence"in several foreign countries, including regulations in international conventions like"UN Convention against Corruption", and domestic regulations like the ones in France, Spain and Singapore, etc. This thesis reaches to legislative characteristic with regarding to subject of crime, object of crime, etc in different countries and international organizations, to offer some inspirations to our legislation and practice in PRC.The chapter two discusses the concept and framework of"Bribery crime by the influence". This part starts from the historical revolution, introduces the current regulation on this topic, analyzes the reasonableness of setting up this accusation, analyzes this accusation using the traditional and dominating"for-element-theory"in criminal law in PRC. The purpose is, to make clear the differences between this accusation and others, to find out the current problematic stipulations in our country, and to build the foundation to find out legislative suggestions. This accusation, as a new one in our criminal law, lacks a lot of clarifications. Concepts like close relatives, close connections, particular relationships and seeking illegal interests for others are discussed in details in this part. In particular, there is analysis on"whether the subject of crime"in this accusation should include government officials, which is followed by some legislative advices on the development of legislation and judicial practices.The chapter three discusses some of the judicial difficult of the bribery by the influence, especially"the borderline between this accusation and other accusations". As a new accusation,"Bribery crime by the influence"has many connections with many other accusations, which causes a lot of troubles in delimiting them in both theory and practice. This part compares and contrasts this accusation and others like Medium Bribery Crime and Accomplice of Crime of Accepting Bribes, and summarizes the principles which should be applied when distinguish these accusations from each others.The chapter four brings up the legislative suggestions on"Bribery crime by the influence". Based on the foregoing analysis of current legislation in our country, this part brings up those suggestions, from the aspect of judicial practice. This thesis analyzes the shortcomings of current regulations, on points of the phrasing of legislative text and strictness of legislation, etc. The result is that there are shortcomings or blanks of the current regulation, for example, there is no enough consistency in the current bribery related accusation system, the phrasing of accusations is not to the point, and the phrasing of the components of"seeking illegal interests for others"is problematic. At last, the thesis concludes at legislative suggestions and proposed texts on this new accusation, based on the current judicial practice and the analysis on current legislations above.