Research On The Issue Of Investigation And Bvidences-obtaining In The Bribery Crime Of Non-officials Using Their Influence

Along with the class's appearance, political power came forth and then corrupt came close on the heels of it. Corrupts have become the world's public enemy since the 80s of 20th century, and it seems to be getting worse in this day and age. Practices under the new situations have proved that not only do the national staffs which wield the political power may result in the dissimilation of the power, but also people who have close relationships with the power-wielders may affect the public power, and consequently it may lead to the digression of the public power. On the basis of this background, the United Nations have promulgated <The United Nations Convention against Corruption >, and it have mentioned the punishments to the people who may affect the normal exercises of the public power.People around the authorities commit the corruption crime and they cause many vile effects. The national staff's immediate relatives and other close connections,the outgoing national staff and their immediate relatives or other close connections utilize their impacts on the present national staff to make the deal of power with the requesters. These behaviors will not only severely interfere with the normal operation of the work of state organs, impair the functionary probity of the national staff, but also pervert social morals. What's more, the disciplines of the party and government cannot effectively check them, so that the suspects are swollen with arrogance and complaints are heard all over. The Party and the state pay serious attention to this phenomenon, which can be clearly seen by the promulgation of <Criminal law Amendment (seven)>.In this amendment, there are several provisions which are associated with the bribery crime of non-officials using their influence to combat these sorts of crimes. The particularity of the subject of the crime and his close connections with the officials decide its differences with the common Post Crime. Compared with the Bribery Crime of national staff, it shows indirectness of the modes of the deal of power, the vulnerable basis of starting the preliminary investigation, and the different focuses in evidence-obtaining progress and many other characters. As a result, it requires the investigating agency to choose different tactics and strategies according to the different situations, and to seek proper breaches in the investigation of the bribery crime of non-officials using their influence.Setting in the background of the promulgation of <Criminal law Amendment (seven) of China>, besides the parts of introduction and conclusion, I utilized the Criminal Law's deconstruction theory of the bribery crime of non-officials using their influence to cut in and elaborate the general situations of this kind of crime in the first place; secondly I clarified the standing points and focuses in the investigation progress through the exposition of the basic questions of the bribery crime of non-officials using their influence; finally I have attempted to give a comprehensive analysis of the investigation and evidence-obtaining in this kind of crime combining with the testimony investigation and testimony usage in this kind of crime in order to contribute little to the theory circle and practical circle of this sort of crime. In the study of this thesis, the author firstly utilize the methodology of material-analysis, more specifically, I collected tons of monographs and dissertations about bribery crime of non-officials using their influence in the world, and summarized and drew on the previous achievements, then I adopted and discarded with a critical eye, and gave my own opinions in the end. Secondly I wielded the methodology of empirical study, because it is well-known that"from the practice, to the practice"is the essence of the Marxist philosophy. Although it is not common in the practice of the investigation of the bribery crime of non-officials using their influence, there were also many reports about some successful cases. The investigating and evidence-obtaining of these cases are of great significance to my research. To be honest, I have benefited much from the internet,paper-media and other internal materials from the practice circle. Finally I also utilized comparative method. To elaborate, the practice of some other countries offers important enlightenments to my thesis, because there have been already previous cases in these countries, though the investigation of the bribery crime of non-officials using their influences is rather neonatal in our country.