"The Use Of Infiuence To Bribe-taking" Of Legal Application Research

The promulgation of"The use of infiuence to bribe-taking"shows that our anti-corruption work and international trends, and For the more powerful blow bribery crimes and maintaining social order and stability of the country which has a great significance. But promulgate a new charge , also bring a series of new problems of criminal law theory and judicial practice .Often can cause theory and the judicial practice in a lot of controversy, cause some problems for a long time can not reach unification, then influence the implementation of this crime effect. The article attempts to based on the theory of punishment law, combined with judicial practice and experience in handling cases, to how to correctly understand this crime constitution, maintain this blame, and how to apply this crime in anti-corruption practice a comprehensive discussion and research. Paper of first chapter of"The use of infiuence to bribe-taking"legislative background as a starting point, simple summary on the introduction of the crime of practical significance, and around the crime of the crime of behavior subject of a crime , Crime subjective aspect , crime object, crime objective aspects analysis. Paper of the second chapter mainly aimed in the crime of judicial recognition of complicated problems about ideas put forward, including this crime accomplishment, the cognizance of the attempted, crime or is not a crime, a sin and a number of sin, and that crime and other charges that the difference. Paper of The third chapter is mainly for the outhor's practical work, this article discusses the investigation of this crime anti-corruption positive significance in the investigation, In the case of"The use of infiuence to bribe-taking"investigation should be paid attention to , and how to investigate"The use of infiuence to bribe-taking"made some of their own views. At last, this paper in the foregoing chapter 4 of the analysis, put forward this crime objective aspect and this crime involved in other crime legislation suggestions, and put forward the construction of our country to improve opinions taking bribes crime system.