Research On Bribery Crime By Utilizing Influence

Research on Bribery Crime by utilizing influence is a new kind of accusation which was stipulated in criminal law amendment seven. Before the judicial interpretation and supporting regulations have not yet enacted. As this crime, the concept of influence refers to a person who has the ability to impel the national staff to make or not to make specific behavior by influencing or changing their psychology and behavior. The essence of "utilizing the conveniences shaped by the national staff 's power or status" is that someone makes use of the national staff's power or position to influence other national staff. The standard of "property" in this crime should take the theory of interests, and the amount of the standard should be higher than that of the crime of accepting bribes.The range of "near relatives" should be based on the regulation of the criminal procedure law; and the concept of "close people" should be defined mainly from the perspective of the compactness of relationship; in addition, the national staff could also become the subject of this crime.By comparing with Criminal Law related crime and relevant international conventions and the legislative of Singapore, France and other countries, we may conclude that China is lack of legislative control for some criminal act, and the current legislative norms between taking bribes with influence and mediate bribery is very confusing. It still has much drawback in constituent elements. Therefore, we can improve our legislative from the following aspects:the statement of "reaping unfair interests" should be changed to "reaping interests"; For companies, organizations or other entities accepting bribes with influence power,we could categorize it as crime behavior. Because this crime and mediate bribery have essential common point, that is, utilizing influence to take bribes. Consequently, we may combine the two behaviors as a new crime of taking bribes with influence. Next, distinguish national staff taking bribes with influence from non-national staff and respectively set different legal penalty. The legal penalty of national staff taking bribes with influence should be lower than that of crime of taking bribes, and the legal penalty of non-national staff taking bribes with influence should be lower than that of national staff. If our criminal law adopt the legislative recommendation mentioned above, it is easy to form a reasonable crime and punishment ladder. At the same time, we should perfect relevant stipulation as soon as possible and we may stipulate the other behaviors of offering bribes to "close people" as crime of offering bribes or crime of offering bribes to non-national staff.