Study On Several Problems Of The Crime Of Bribery By Using The Influence

As the first global anti-corruption legal documents of the United Nations Convention against Corruption (hereinafter referred to as the Convention), article18th clearly states was guilty of trading in influence, Under the influence of the Convention, other international anti-corruption culture around the world have similar provisions of the Convention, for example, the Council of Europe Criminal Law Convention on Corruption, the African Union Convention on Preventing and combating corruption, such as the Organization of American States convention against corruption. In addition, many countries have also introduced in the legislation "Trading in influence crime", singapore, for example, the Prevention of Bribery Act, the Penal Code of Spain and the French Penal Code, and so on. In this context, the Chinese criminal code amendment (seven), hereinafter referred to as the amendment to (g) on february28,2009adopted by the seventh meeting of the plenary session of the National People’s Congress to vote on. The amendment to article No.388in Article13th of the Criminal Code, the addition of a provision, the national staff of close relatives or other close relationship with the staff of the national people, through the Act on the national staff positions, or, use the convenient conditions for the formation of the status of the staff of the National Authority or through other acts on the national staff posts, as Trustee, please seek improper benefits, obtain the trustee property or taking Property too and in relatively large quantities or other circumstances, sentenced to3years imprisonment or criminal detention and shall also be fined; Huge amounts of or has other serious circumstances, shall be sentenced to7years imprisonment for more than3years, and the punitive; the amount involved is especially huge or any other especially serious circumstances, shall be sentenced to7years in jail and a fine or confiscation of property. Separation of national staff, or their close relatives and other close relationship with its people, through the national staff leaving the original terms of reference or facilitate the formation of the status of implementation of the behavior of the preceding paragraph, in accordance with the provisions of the preceding paragraph shall be convicted and punished. This is since the new Criminal Law through the legislature another important progress in criminal legislation, as well as the amendments to legislation mode again, be sure to amend the Criminal Code, and further demonstrates China’s criminal policy of temper."Influence of bribery" is the amendment, seven new charges in China. The establishment of the charges, is as much about my government’s policy of strictly controlling corruption crime Criminal Justice, reflect the urgent need for the current stage of economic and social development, and positive response "to the United Nations Convention against Corruption", thus conforming international legislation. Amendments to the Criminal Law under the influence of seven offences of bribery and trading in influence crime in the convention have a lot in common, if the perpetrator uses a dual sexual.The first use of national staff or national staff to other countries they mainly refers to the departure of staff affected, which in turn use other terms of behavior for national staff. Although the "influence of bribes" has important legislative value and practical significance, however theoretical research on this issue is the lack of sufficient breadth and depth, there are not enough system operability is not strong, legal provisions and other issues. In fact, through comparative law research, we can see that our country’s legislation and international legislation on cases than on such issues as the subject and object, objective aspects of crime, there is a series of questions need to be explained and clarified. An in-depth analysis and system solutions to these problems, on the perfection of Criminal Law Theory and Practice Guidelines development and on criminal justice and to promote, is of great research value.This article author as the attorney authorities anti-corruption bribery sector one staff, by combination of daily work in the actual case, to "use influence bribery crime" in-depth analysis of, and combination of justice practice made the charges in justice practice in the exist problem, and in this the basis, from the crime the main, and object, and objective regard such as regard to the charges The actual use and legislative perfect made recommendations.The article is divided into three parts, chapter Ⅰ, through the introduction of international law and domestic law on the legislative background and influence taking bribes from the comparison with China’s anti-corruption work illustrates the significance of the new charges. Indicates that China’s positive turn of crime provisions of the Convention into domestic legislation, while also indicating that China’s anti-corruption work in line with international constantly innovate, not only to make up for this type of crime in China on a legislative omission, but also severely punish corruption in China’s consistent attitude and special criminal law system in China. Chapter two by four areas of crime to do further study on the Influence-taking bribes, especially on the subject of crime from the definition of close relatives and close People’s definition, for "the departure of national staff" definition, the scope of "national staff Four in-depth analysis has been done. Influence in from the use of the Objective Aspects of crime, in order to please someone to obtain illegitimate interests, seek or accept property too, functional behavior, Facilitate the formation of the status of the terms or conditions of the five has done a detailed explanation. And through the comparative study on the approach to the drugs and mediate bribery crimes, introducing bribery, bribery, Non-state agents similar to the four charges of bribery in the same point and has done a comparative analysis of different points; chapter Ⅲ through a combination of influence-taking bribes in the daily application of judicial practice of the aspects of the defect and perfection of charge.