On Legislative Peroection Of The Bribery Crime By The Influence

Crime of accepting bribes by influence is a new accusation which is formally confirmed in Amendment VE to the Criminal Law. The establishment of the new crime not only reflects the need to develop the current judicial practice, but also responds positively to United Nations Convention against Corruption. It also plays a great role in perfecting Chinese criminal law, and hitting the act of soliciting or accepting bribes of non-state functionary by their own influence or other state functionary's influence. As Chinese criminal law exists many deficiencies in the connotation of crime of accepting brides by influence, there are various disputes among scholars and experts. This paper discusses about the influence of the study of the theory of the bribes, in judicial precedents for specific on the basis of analysis, points out the problems existing in the judicial practice. Then this paper argues in combination on the basis of analysis, finally to improve the use of influence of bribes theory conditions, the author puts forward his own views and opinions, by the analysis suggestions about perfecting crime of accepting bribes by influence, enrich theoretical research in the judicial practice role.Apart from introduction and conclusion, this thesis is divided into three parts:The first part evaluates the legislative significance of the newly added crime of accepting bribes by influence in Chinese criminal law on the basis of the background of the crime. The second part uses case and point out the problems about crime of accepting bribes by influence in practice. The deficiencies exist in the scope definition of close relatives, intimate relationship and national staff members who have left one's posts, the defining issues about influence, the debates about the abolishment of important documents on seeking illegal interests, and the vague confinement to the range and amount of the bribes. The third part puts forward some suggestions about perfecting the legislation of crime of accepting bribes by influence according to the problems. And the author proposed some ideas and opinions. Adopt the method of interpretation of criminal law to identify the connotation of crime of accepting bribes by influence. Add qualification penalty to perfect the punishment of crime of accepting bribes by influence.