On The Influence Of Taking Bribes Application Of The Law And Legislative

Corrupt crime has spreaded around the world since the 1980s, which greatly restricted the development of the society. Faced with the new situation, the UN general assembly passed the resolution, and then set up a special committee as well as established the related intergovernmental expert working group, responsible for drafting the "United Nations convention against corruption"and formally went into effect on Dec. 14, 2005. This convention is the legal document which was used to guide international anti-corruption; it has significant meanings in the field of preventing corruption and strengthening international cooperation against corruption to improve the effect of combating corruption. China participate in the whole process of "United Nations convention against corruption" s'formulation and subscription.In recent years, China's domestic bribery appeared new trend, which made our country's existing criminal law regulation cannot completely cover these new characters of bribery crime. So in order to adapt society's development, conform to the new trend of the international anti-corruption, and combining with China's judicial situation, in the filed of criminal law provisions our country uses influence bribery to curb the increasing rampant corruption crime. Owing to the imperfect of the legislation, influence bribery not only produce dispute in theory, but also cause many problems in legal application. Therefore, this article used the legislative background of using influence bribery and other relevant provisions of international developed countries for reference, and summarized the advanced criminal policy in this field of research achievements which was proposed by our country famous scholars, analyzed the problems appeared by using the influence bribery, and put forward some suggestions. This paper can be generally divided into three parts, a total of more than 30,000 words.Section one simply discussed the legislative background and significances of using influence bribery as well as its status in bribery crime system; Section two analyzed the structural characters of using the influence bribery as well as discriminated the related tough questions, and some existing problems which are applicable to the law are further elaborated. The last section of the paper is put forward the perfect suggestions according to the shortage of the using influence bribery.