On The Influence Of Bribery

Bribery Crime by the influence is the new charges of PRC Criminal Law Amendment Act (VII), which is provided with a strong research value and the practical significance. This paper take this new crime as the research object from the perspective of criminal law, through the method of posing a question—analyzing the question—solving it, to achieve the goal of clarifying the various aspects of The Crime of Taking Bribery by the Influence and the perfect method.The preface part makes a briefly introduction to the background of the promulgation of Bribery crime by the influence meanwhile focus on the emphasis of the necessity and the important of it. The first part is an overview to state the connotation of using the influence and the legislation at home and abroad also the research status.The second part is the composition of Bribery crime by the influence, and this sin being elaborated from four aspects:First, concerning author's viewpoint combine with the world round different theories about the object of crime of this sin; Second, the objective aspects of this sin, including the essential characteristic of its objective behavior; the understanding of'improper interests'; the differences with lobbies, differentiating crime behavior of trading conditions and the transaction object these five respects; Third, the subject of crime, which focuses on the define of "close relatives " and "kissing cousin" Fourth, subjectively, the crime should be considered as deliberate. By the analysis of the four components of crime committing, it is found that some problems can be solved directly here concerning the crime. While with regard of some controversial issues such as the definition of "close relatives", the criminal components of "seek illegal profits for clients", bribery scope, and Bribery crime by the influence, the Fourth Article gives a more detailed analysis and puts forward suggestions for improvement. Through analyzing the components of the crime, the evidences for conviction are clearly defined and also the conviction brought by the Third Article is able to be supported theoretically.Chapter Three is on how to confirm Bribery crime by the influence, consisting of three aspects, as follows:firstly, how should the committing together of the said crime and bribery be distinguished from bribery alone; Secondly, how to distinguish the above said crime from the crime of bribery introduced; Thirdly, how to distinguish the said crime from the bribery of intervention.Chapter Four is on recommendations of how to define the said crime (i.e. Bribery Crime by the influence), four clauses in all. Firstly, to give a clear definition "close relatives". Secondly, to set a clear definition of the range of bribery. Thirdly, to interpret the term "close relatives" extensively. Finally, to enlist our work unit as the subject of the said crime.