On The Use Of Influence On Bribery

With the development of our economy and the the reform of society, Chinese government putting the anti-corruption campaign on an important position. However in our current legal system, the laws on embezzlement and corruption seems not enough, so in1997, a new accusation was set up in People’s Republic of China Criminal Law Amendment Act (7), that is "bribery crime by the influence". Compared with the traditional embezzlement and bribery, bribery crime by the influence is a new type of crime. Since it was passed only few years, and there are many different interpretations of this accusation theoretically and practically in our country, so this thesis trying to analyses the legislative background, the disputation of this accusation, the constitution of crime, and the differentiate this accusation from other similar accusation,in order to get an relevant interpretation.This article falls into five parts:The first part is introduction, which mainly describes the provision of law, the disputation of this accusation and the research value and research significance.The second part is chapter one, mainly explains the legislative background of this accusation. This part starts with the provision of the influential transaction crime, which defines by United Nations Convention Against Corruption, and the realistic demands of our anti-corruption campaign, analyses the adopted reason and the function of the bribery crime by the influence. By analysing the difference of subject of crime and subjective aspect of crime between the bribery crime by the influence and the influential transaction crime, non-national staff mediation for taking bribes and so on, combined with the current criminal law system, the accusation is lastly named bribery crime by the influence.The chapter two is the third part of this article, which also is the most important part of this article. This part makes a fully analysis on the constitution of a crime of bribery crime by the influence, by doing this, we can pave the way for further study the the difference between this accusation and other similar accusation.Because of the importance of this part, the writer devotes many pages to this part. In the part of the subject of crime, this article detailed analyses the national staff members’ range, the range of official business, the meaning of left job, the range of near relatives, and the range of a person who has a close relationship. Moreover this part also proves that the national staff can be the subject of bribery crime by the influence. The part of the object of crime introduced the definition of object of crime, lists four different viewpoints, and reaches a conclusion that object of crime is the fact that government personals official duties can’t be bought off by the demonstration of writer. This part also analyses the range of unlawful profits and the definition of money or property, and the the content of subjective intention.The forth part is the chapter three, this part mainly analyses the difference between this accusation and other similar accusation. As a new type of crime, it’s easy to create confusion in some cases in reality, so this part analyses the difference between this accusation and mediating bribery crime, extortion, fraud, crime of accepting bribe, crime of accepting bribe of non-official servant and so on, and comes up with a solution to differentiate from other similar accusation.The last part is the chapter four, mainly introduces the legislative defection and perfection of this accusation. The above has analysed this accusation,on that basis, this part points out the defection of bribery crime by the influence, for example, there is no rule about the fact of offering bribes which is corresponds to bribery crime by the influence, no rule about the fact of seek for lawful profits, no rule about unit taking bribes with influence and some terms range are not clear. At last, this chapter puts forward the measures for improvement.