Use Of Influence Judicial Determination Of Bribery

In response to China's increasingly serious problem of corruption, to increase efforts to crack down on corruption, while strengthening our criminal laws and international conventions convergence, February 28,2009 the NPC Standing Committee promulgated the "Criminal Code Amendment (g)" in, the addition of the use of influence bribery charges. The addition of the offense is our current "Criminal Law" Article 388 of the further improvement of the traditional bribery, but the terms of the crime such as "close" and "close relatives" and not be clearly defined legal terms, making this crime In the criminal subject, such as the objective aspect of crime found on the Elements of the existence of great uncertainty. This shortcoming is not only to the conviction brought judicial confusion, affect the function of the charges and penalty goal to play a more direct harm to the criminal law authority and seriousness. Therefore, based on the principle of legality requirements, the use of influence the judicial determination of taking bribes to conduct a system of study, Duigai crime in the criminal subject, criminal objective aspect of the ambiguity of the existing legal language to make a well-defined, thus the use of influence bribery and related confusing charge sector separately, in order to facilitate regulation of the charges of the legal norms in judicial practice to be the correct application of the criminal justice correct conviction is fundamental to the appropriate sentence on the premise, is worthy of current theory and judicial practice community is concerned about an important and urgent issue. The key topic of style structure is divided into three parts.The first part analyzes the use of the main body of the influence of bribery. By analyzing the influence of criminal law on the use of the relevant provisions of the main crime of bribery, as defined in close relatives of the concept of the existing provisions within the Code of Criminal Procedure. In the more specific relationships and people close to the background, based on the proposed standard identified two closely related people. And leave through the national staff of the connotation and extension of this concept analysis, the Penal Code Article 93 paragraph 2, after the departure of the "other law to engage in official business" out of the subject outside the scope of this crime. Through the above the influence of bribery on the use of each of the main range defined for the correct distinction between crime or foundation.The second part focuses on the use of impact analysis of the objective aspect of the crime of bribery. In the comparison of domestic legislation with international legislation on the basis of crime in this "influence" of the content defined as non-power influence; while "for the trustees to seek illegitimate interests" Contact "to use other functions on the national staff act "together, as an independent constituent elements of crime into consideration; to analyze the obtained final (accepting) property, a large amount of heavy plot or other objective aspects of these elements in order to meet the appropriate behavior of a criminal law of punishment.The third part is the end result of the article. Influence on the use of the subject and the objective to define areas on the basis of the offenses and related charges made a confusing sub-sector. Introduced by the crime and corruption, bribery (bribery mediation), and an accomplice of the crime of bribery compared to distinguish between the crime and the crime of confusing the boundaries, to further clarify the crime in the judicial determination of the grasp of the ruler should be to maximize reflects the use of influence to establish the practical value of taking bribes. Article from the perspective of the use of judicial determination of the influence of bribery conducted a three-dimensional analysis, in order to facilitate the relevant legal norms in practice the correct understanding and application.