Wang 's Study On The Crime Of Accepting Bribery

Corruption is the focus of our government, and the legal system concerned. An additional crime of the using of influence in bribe crime has a pivotal historic significance on fighting against corruption. But in judicial practice, it is difficult to identify the using of influence in bribe crime. Therefore, according to the case, it can be seen that there is still a controversy in the process of recognition of the using of influence in bribe crime. There are two main issues: one is whether Wang’s behavior conforms to the crime constitution or not, the other is which crime should be applied to Wang among the similar charges in a crime. The crime constitution of the using of influence in bribe crime contains four aspects: subject of crime, the subjective aspects of crime, criminal object, and the objective aspects of crime. Subject of crime refers to “near relatives”, “germane people”, national leaving staff and national staff. Subjective aspects of crime refer to will factors and understanding factors in the using of influence in bribe crime. Criminal object is the probity of national staff. Objective aspects of crime refer to the influence, favorable conditions, improper interests and circumstances of the crime. In this case the Wang an own and special relationship between theGao, impact on a subordinate, through his duty behavior subordinate to seek illegal interests, constitute bribery crime of influence. The crime of bribery, use the influence of bribery crime and mediate type the introducing bribe crime is compared. The difference of bribery crime of influence bribery crime and mediate type mainly lies in whether the actor has the status of national staff, and using their position on the right impact on others, in the case of Wang although national staff, but not use his position on the convenience to influence other staff so does not constitute a mediation type bribery crime,and the establishment of bribery crime of influence. The difference between the bribery crime by the influence and the introducing bribe crime is whether the behavior of the bribes under its capsule, in the case of Wang received bribesbribes, will not give others, do not accord with the introducing bribe crime constitution, and the establishment of bribery crime of influence. Combined with the actual situation of the theory and cases, using the theoretical knowledge to judge the case, to reflect and review of the case. Use the influence of bribery crime in the judicial practice still exist in the subject of crime, the concept of fuzzy briber escape legal sanctions, meaning property too narrow, proposed the use of judicial interpretation and revision of laws, the range of criminal subject clearly, the briber into criminal law regulation scope, continue to expand the property of a series of improvement suggestions. With the continuous development of the process of rule of law in our country, more and more attention to corruption, the state and the legal supervision to take bribes and bend the law,abuse of power problems will become more and more strict. The development of the society, economic progress and the crime form renovation puts forward new requirements for the construction of democracy and legal system, in order to combat crime, protect the fairness and justice of safeguarding social stability, we must make up for the deficiency of current law, improve the legal system construction in china.