A Brief Analysis Of Some Problems In Taking Advantage Of Bribery

With the development of the economic society, the crime of taking bribes is also spreading, showing different, hide and complex characteristic of the means and ways. In the meantime, public of this society has very strong voice about the control of the corruption and to ensure the fairness and the justice. Article13of the Criminal Law Amendmet Ⅶ, The issure of crime for taking crime by using their influence, develop the main scope of corruption greatly, and improve the law for crime of taking bribes, and the legislation of the similar crime. This article will discuss and study the crime of taking bribes which make use of their influence.. It will be divided into four partsChapter One:discourse upon the idea, characteristic and the meaning of bribery using the influence.Chaper Two:Analyse constitutive requirements of bribery using the influence, mainly discuss impersonality and the main scope of this crime. Impersonality begins with the key word "influence", unscramble how the actor take the bribe using influence; the main body discusses problems whether the crime include civil servants,except some relatives who belong to this kind of crime. The object of this crime is the honest and clean construction system of our country. It is direct and with aim in subjective aspect.Chapter Three:It will compare the crime of taking bribes using influence with other kind of crime, and also describe the similarities and differences between this crime and accepting bribes, middleman briberies, introducing bribes. Let the connotation of this crime to be understood better through this description.Chapter Four:About some suggestion of improving the crime of taking bribes by using influence. Combining the<the United Nations’Convention against Corruption> and our present legislation, several suggestion is given in the following:extending the main scope of this crime, increasing different kinds for bribe,hitting professional commission merchants, and also listing the person who taking bribes into the scope of our criminal law.