Influence-Using Bribery

2009 the amendment of criminal law (7) "in the criminal law after one of the increased provisions 388, then the supreme people's court, the supreme people's procuratorate about carrying out<The criminal law of the People's Republic of China> sure charges to the supplementary provisions (4) of the promulgation of charges for using the provisions,the influence-using bribery is ruled. The new charges is very deeply important, but in the constitute of the crime, joint crime of influence-using bribery and legislation improvment, there are still many shortcomings. This article aims to explore the constitute the crime of influence-using bribery, and then analyze the legislative defects of influence-using bribery and the legislative improvement of influence-using bribery.This paper is divided into five parts:In the first chapter discuss about the theoretical definition of influence-using bribery. First, discusse the background of influence-using bribery legislation, mainly introduced the legislation evolution of influence-using bribery, analyze the necessity to establish influence-using bribery. Second, introduces the concept of influence-using bribery. Finally, legislation value of influence-using bribery.In the second chapter, discuss about the foreignfiction investigation of influence-using bribery. First, introduce influential transaction crime in the<United Nations Convention against Corruption>. Second, introduce criminal law of influence-using bribery in continental law system, including France, Spain, and Austria. Third, introduce Criminal law of Influence-using bribery in Anglo-American law system, including United States, Singapore and so on. Finally, discuss about the rational evaluation of influence-using bribery of foreignfiction.In the third chapter analyze the constitute the crime of influence-using bribery. In this chapter first we talk about the definition of leagal interest of influence-using bribery. Second, discuss about objective illegal elements of influence-using bribery. In this part, analyze the subject of influence-using bribery, conduct of influence-using bribery and behavior object of influence-using bribery. Third, discuss about subjective elements of influence-using bribery. In this part, analyze offense of influence-using bribery, responsibility of influence-using bribery and anticipated possibility of influence-using bribery.In the fourth chapter analyze the criminal pattern of influence-using bribery. First talk about the unaccomplished offense of influence-using bribery. Second, discuss about the joint crime of influence-using bribery. In this part, analyze how to definite the influence-using bribery and bribery joint crime, how to definite the influence-using bribery and mediation bribery joint crime. Third, analyze the plural offenses of influence-using bribery.In the fifth chapter, analyze the legislative defects and improvement of influence-using bribery. First, analyze the legislative defects of influence-using bribery. Second, analyze the legislative improvement of influence-using bribery. In this part, discuss about how to expand the behavior object of influence-using bribery, reform the incriminate standard of influence-using bribery and cancel " benefit for others " of influence-using bribery and so on.