Influence Of Accepting Bribes Research

In this paper, "Criminal Law Amendment (g)" promulgated and implemented, "Criminal Law" by the additional influence of elements of the crime of bribery constitute the object, starting from the legislation and practice with the administration of justice, serious study of crime, found that solve the existing problems in practice, and finally return to legislation of its shortcomings and make improvement recommendations.This article is divided into three chapters. The first chapter illustrates the impact of bribery by the concept, origin and value of justice. At that time in the "Criminal Law Amendment (g)" after the introduction of new provisions on how the academic definition of the offense, carried out extensive and heated discussion, the paper was made on the advantages and disadvantages of several different charges, the use of force leads to bribery The origin of charge and prove its rationality, scientific and accurate. Then contact "United Nations Convention against Corruption", different from the international and domestic perspective, with the purpose of preventing the penalty, and then demonstrate the use of judicial influence the value of accepting bribes.The second chapter discusses the use of influence in the crime of bribery, bribery will use the main influence, subjective and objective, the object started to analyze the four Elements, and enumerated in the argument to take advantage of recent judicial practice influence of bribery prosecution, adjudication of the real case, combined with theoretical point of view, put forward and expand the state organs of the close relatives and left the national staff near relatives "close relative" of the scope of the corresponding point of view. The use of influence to seek improper benefits for others, trustees who received the property or ask for trustees of property, etc., and also defines the use of influence in the Accomplishment and attempted crime, and between different entities constitute the use of force accomplice of crime were identified.Third chapter on the use of influence and other related charges of accepting bribes to compare, respectively, bribery, good offices, bribery, corruption introduced, while accepting gifts and use of chemicals to distinguish between the influence of bribery, on the basis proposed by the influence of taking bribes The legislation is not complete, deficiencies, such as the body of the crime of "near relative", "Other people close to" the scope of vague standards that are not specific crime charged, convicted in the plot of "large amounts of"" huge amount "and none of refinement defined. On the basis of improvement in the proposed legislation and proposed use of the units into the main body of criminal influence.In summary, the influence of taking bribes from the use of the concept, the value of starting research and analysis of its constituent elements of crime, combined with recent judicial precedent, legislation still need improvement in the demonstration, to better apply to the judicial practice.