A Study On Subject Problem On The Crime Of Accepting Bribe By Influence

“United Nations Convention against Corruption” as a key step to prevent thecrime of bribery was highly expected by many states. With this very trend, the Crimeof Accepting Bribe by Influence has been established in our country. The7thAmendment of Criminal Law which was adopted by the standing committee of theNational People’s Congress on February28,2009has ruled how to punish those whoare near relatives of state personnel or have close relations with them once theysecure illegitimate benefits for an entrusting person and extort from the entrustingpersons, or accept the entrusting person’s money or property by using influence ofthe state personnel. Furthermore, the “4thSupplement Regulations about Execution‘The People’s Republic of China Criminal Law’ Concluding Charges” identifiedcriminal conductions including in the13thprovision in the7thAmendment ofCriminal Law as Crime of Accepting Bribe by Influence. The purpose of theestablishment of this accusation is to help the judicial practice and to prevent thesituation in which the conduction of corruption and degeneration has became sosophisticated. But owing to the unfeasibility in judicial practice arising from therecapitulative words in this accusation, judgments in this charge are very rare duringthe three years since the accusation has been established. By focusing on the debateof the subject in the Crime of Accepting Bribe by Influence, this thesis presents areasonable explanation and an expectation about the legislative improvement on thisaccusation to make it an effective way to prevent the Crime.