Related Issues On Using The Influence Of Bribery

The adoption of the Penal Code Amendment (7) on February 28, 2009 indicates China's criminal law more perfect, Particularly the Charges of using influence to take bribes makes great progress in our Anti-corruption work . New topics have being come up in Criminal Law and Judicial Practice and aroused extensive discussions. How to understand the crime is the focus of this paper to discuss. At work, we found that our existing criminal law system specific system settings and a considerable gap between judicial practice, the existence of these gaps so that our fight against corruption is not only difficult to obtain due to the effectiveness of crime and corruption will give us action and recovery assets, create obstacles. How to understand this crime, how to carry out this crime in judicial practice, enabling Law is and ought to harmonization is the focus of discussion in this paper. In this paper, combined with China's national conditions, from the four parts discusses the use of force issues related to bribery. The first part part of the legislative background to this crime as a starting point, the discussion of this crime brought about by the introduction of important significance. The second part focuses on the constituent elements of the crime, described in detail by using the crime of bribery influence the subject, object and so on. The third part compares the relevant charges, the distinction between, in order to facilitate change to a better understanding of charges. The fourth part of the legislation against the crime of France shall defects and in practice, and practice of convergence between the improper operation of the Department to conduct analysis and demonstration, and improve the range of issues arising and their solutions. Personal views expounded in this article, and put forward some feasible implementation plan and ideas.