Research On The Subject Of Affair Bribery

This paper on the use of law is introduced, the concept of the influence on corruption charges, after analysis of the background and the crime legislation evolution. In the social reality life, anti-corruption struggle facing the new situation, new problem, on the one hand is out of social reality needs to further crack on corruption crime, on the other hand, in the international community generally will use the influence bribery legislation, also pay attention to in the bribery crime in China and being geared to international conventions, after joining the United Nations convention against corruption actively fulfill its international obligations, therefore, using influence the establishment of bribery is also the requirement of times development, arises at the historic moment. Set up in this crime, this crime in the judicial practice, the application of the natural cause the extensive concern of the society from all walks of life. The judicial practice, because of this crime found and forensics characteristics, few in number, investigate the use of influence of bribery cases in China to deal with the difficulties encountered in the course of, this with the legislation of the social from all walks of life look forward to and the current form a big gap between the serious situation of anti-corruption. The author selected the country’s first case (in time) using the influence of taking bribes as a typical case, the case in the society caused a sensation at the time, the social from all walks of life extensive discussion on this case, the dispute centered on the following two aspects:one aspect is whether the defendant mark as led driver can be considered with state functionaries "close person", is the use of influence of bribery crime subject; Another aspect is whether the defendant in the mark on "influence" in its leadership, help bribers to obtain illegitimate interests. From these two aspects can be found in the dispute, the cognizance of the main body in using the influence of bribery crime has a certain ambiguity, this also is the deficiency of this crime legislation, this article will be below the China and foreign comparison and determination of utilizing influence bribery crime subject study, learn from foreign legislative, good for using the influence of the subject of bribery legislation insufficiency, proposed own shallow view, be perfected.