On The Crime Of Taking Bribes In Influence

The crime of taking bribes in influence regulated by the thirteenth article of the seven amendments to the criminal law of China which is a major breakthrough in the bribery and corruption crime. The crime of taking bribes in influence is a criminal behavior that the person wants to seek illegitimate interests through the influence of others having the identity of the national staff having the facilitate of power or status who obtain and receive the trustees'property. In this article,we firstly analyze the constitutive elements for crime of taking bribes in influence,and define some related concepts.However, the judicial practice could not accurately comprehened this new bribery crime, then we discuss about how to accurately judge it.And as an independent crime----- the crime of taking bribes in influence differs from the bribery crime,mediating briery crime and so on.In the view of social reality,the current legislation about the crime of taking bribes in influence still exist some deficiencies,such as lacking of another side of bribery,the scope of bribery showing narrowtive and so on.