Influence Of Accepting Bribes Research

"the Criminal law Bill for amendment (Seven)" increased the charge of the influence bribery crime recently, regarding reinforcing our country bribery and corruption crime's criminal legal setting range, enlarging to the corrupt crime criminal law punishment dynamics, promoting the counter-corruption criminal law legislation internationalization, which has the significant significance. This stipulation is the major step which can punish the non-country staff to participation receives the bribe and have the great significance in consummating our country bribery crime and advancing combats corruption the construction. The research mentality of this article is:Firstly, the article uses the research technique of the comparison and has the vision of international and the comparison; secondly, the article carries on the analysis to the use influence bribery crime's concept and the constitution characteristic, discussing in this crime understanding and the limits hard problem with emphasis; Finally the article aims at the insufficiency which in this crime legislation exists to propose that oneself suggested. Regarding the issue document structure, the introduction of the article carried on the brief narration to the use influence bribery crime's research present situation and elaborated this article legislative value, the research significance and the research technique. Article second, third part elaborated separately the use influence bribery crime's elementary theory, including its concept and constitution characteristic, which carries on the discussion to this crime hard problem. Besides carrying on the analysis to the crime basic constitution, the article places great emphasis on "the close relative" and "the relational close person". Regarding close relative's recognizing, this article thought that understands and the discernment is not suitable according to the civil legal but the method in obedience to legislator's original intention carries on the broad explanation, by which the article conforms to legislator's original intention and consists with our country civil, administrative legal rule and judicial interpretation. Recognizing the aspect in "the relational close person", the people who is intimate with the country staffs including the ones leaves job is possibly different in the different concrete case's situation. It is imperative to recognize whether to belong to "the relational close person" according to the special details in the concrete case's author. This article thought the meaning of "relational close person" is more widespread than "the specific sponsor", and moreover, should determine the relational close person take the influence size as the rod. In the article fourth part, the article carried on analyzing and proposing own opinion to the use influence bribery crime, the mix main body common bribery crime, the mediation bribe crime and the introduction crime of bribery. In final, in view of the fact that this crime in the bribery crime charge system's uncoordinated reason, the article proposed this crime merges with the mediation bribery crime and this legislation suggest can achieve the unification and the coordination. Because the bribe crime has the characteristic of relativity and the social hazardous nature, this article suggested that the people bribes to the ones who does not have the country staff status should be punished in the legal scope, which can cause the criminal to appear stricter.