The Research On Crime Of Accepting Bribes By Influence

The conviction of ill-used bribery in influence is an epitome of improving the criminal laws with legislative means. With the transformation of our society and the further development of socialist market economy, citizens' expectation to the democracy, the legal system and clean government is higher and higher. But there are more and more diverse forms of corruption, converting from naked money and power trading to more concealed information bribery and share option bribery, etc. It seriously erodes the country's health body, violates the ownership of public property and citizen's rights of fair competition, and also damages the party and the government's image in the hearts of our citizens, obstructs the construction of the incorrupt government system. This thesis, in such a situation and background, discusses and researches ill-used bribery in influence with a rigorous attitude to study the criminal law. The study of ill-used bribery in influence in this thesis is divided in three parts:First, the legislative study of ill-used bribery in influence. The generation of a criminal name is the reflection of the feature of that times, with an indivisible background. Based on this consideration, the first section of this part roughly states the legislative background of ill-used bribery in influence. Then, the thesis narrates the legislative current situation of this crime, points out the needed improved points of the legislative of this crime after the comparison with trading in influence crime in "The United Nations Convention against Corruption", that is, the problem about the handle method to the object of ill-used bribery in influence. The final section of this part discusses the legislative significance of this crime and presents two points: conform to the international situation, accord with international practice; combination of anti-corruption work, make up criminal law loopholes.Second, the constitution of the crime of ill-used bribery in influence. This thesis discusses the component of this crime in the order of object, objective aspect, subject and subjective aspect. This thesis argues that the object of the ill-used bribery in influence is complex object. The main object is the trust of citizens to the fairness of the state functionary's duty behaviors. The secondary object is the fair trade order or fair competition order of the society. The select object is the legitimacy of the state functionary's duty behaviors. The objective aspect of this crime shows as the doer promises or seeks profiteering for the applicant, demands or receives large amount of property from the applicant through his direct or indirect influence to the state functionary. The thesis focuses on the influence, profiteering and so on. The main subject of this crime is the people who have close relations with the state functionary or the retired state functionary. The thesis specifically discusses the people have close relations and the retired state functionary. The subjective aspect of the crime can only be an actual intent. The final part of this section discusses the problem of guilty and guiltless of this crime on the basis of understanding the constitution of the crime, including the problem of retroactive effect and the problem of seeking profiteering through multiple links.Third, the discussion of the similarities and differences of ill-used bribery in influence. This section analyses the similarities and differences between ill-used bribery in influence and general bribery crime,Mediation bribery and Joint criminal bribery case by comparing the situation of them. This section focuses on analyzing to establish ill-used bribery in influence or to establish bribery complicity. It will be beneficial to do the conviction and sentencing to the behavior of ill-used bribery in influence in judicial practices, promote the balance between criminal law punish criminal and protect legal interests mechanism.