On The Use Of Influence Bribery Offenses

Influence of bribery is the People's Republic of China criminal law amendments (VII) provided for in the new charges, the endless stream of crime fighting, a wide variety of bribery has important significance. As this crime is the new counts of its constitutive elements of crime and mediate bribery and bribery and other crimes of taking bribes have similarities, so academic and judicial practice there are many disputes and differences on this crime. Available for these disputes and disagreements are rational and comprehensive conclusion, discard the dross and select the essence, sift, to correctly recognize and grasp this crime is significant.This article seeks to pass to the King an influence analysis on interpretation of the bribery case, absorbing experience both at home and abroad based on existing research, influence of bribery crime-related problems for systematic interpretation. Quote of the subject of this article, it is divided into five parts.The first part of the cause of. This section describes the origin of the case.The second part of its case. This section describes the details.Part three cases focus of the dispute. In this section summarize and introduce the main three parties already judged within the defence and prosecution cases of disputes and disagreements focus, including whether an act constitutes a crime, Wang Wang what the crime, whether Wang can as the subject of influence of bribery crime qualification, such as the three areas of disputed content.Analysis and discussion of partⅣ. Out in this section will focus against the dispute of the case analysis and discussion of the three areas of disputed content. First, say to this crime at home and abroad the legislative background and path of the constitutive elements of crime provides a brief introduction, leads to the study on the significance of this article. Secondly, Wang Shen Cen adopted two positions for engineering acceptance of Li and Li made a $ 20,000 in cash, it analyzes the nature of the Act, rejected the defence point of view, its act has been in conflict with the law, which constitute a crime, so as to clarify the normal limits of human intercourse and this crime. Once again, through the analysis of Wang constitute what crimes, to influence crime of accepting bribes and mediate bribery, influence of bribery and bribery carried out a comparative analysis, demonstration use the scope, the application of space influence of taking bribes, pointed out that the nature of this crime is to exploit power influence by non-power influence. Finally, Wang can as an influence through the proper discussion of the subject of the crime of accepting bribes, compared the close party, a close relative, the specific scope of the relationship between people, influence defined the scope of the subject of the crime of accepting bribes, and the possibility of expanding the scope of close relatives in this crime was discussed.Part five conclusions and recommendations. In this section through the influence of bribery crime research findings, conduct summarizes the quantitative and sentence to the King, and by comparing the relevant provisions of the international legislation, the crimes with a number of legislative recommendations.