The Problems Of The Criminal Legislation And Judicial Influence Of Accepting Bribes

The newly issued Amendment of Criminal Law 7 expanded the rage of the bribery crime subject by adding the clause bribery crime of influence abuse in which both the present and formor government employees and their close relatives are included. The purpose of this thesis is intended to investigate the origin and significance of this new crime, and to discuss the difficulties in the legislation and the law enforcement.Chapter One introduces the conception of bribery crime of influence abuse, analyzing the core element of this new crime. The amendment which shows the Chinese government's determination of fighting against the corrupt keeps pace with the global anti-corruption activities thus it stands for the trend of legislation in this area. It will restrict the bribery crime much more severely and play a vital role in juridical practice of anti-corruption in China. In Chapter Two, Anti-Corruption Convention of the United Nations as well as other overseas similar laws are discussed, whose impacts on the amendment of bribery crime of China are very important. Chapter Three reviews the history of the legislation of bribery crime in China, and summarizes the characteristics of bribery crime legislation evolvement. Chapter Four discusses the obstacle in the legislation mode, definition of the crime and the justice practice, hoping to find a solution to all of these mentioned above.The amendment of the crime is the localization of the Anti-Corruption Convention in China, it strengthen the work to fight against the bribery crime and lead the work more profound. There are different opinions on the legislation and definition of the bribery crime of influence abuse in academic circle. The writer here tends to rebuilt another new crime for it, and it is appropriate to describe the crime as the bribery crime of influence abuse. It is important to distinguish its characteristics with other bribery crimes. The new amendment employ the term"present and former government employees and their close affinities"instead of"persons with special relationship", with makes the former judicial interpretation more complete.