| The amendments to the criminal law of the People’s Republic of China (seven) of article13of the criminal law article388increases one of the provisions of influence of bribes.Usageof influence on bribery perfects the system of our country bribery crime and makes up for thelegal blank and vulnerabilities. Before this, in2003China signed the "United Nationsconvention against corruption"(hereinafter referred to as the" convention "). In2005, theNational People’s Congress standing committee approved to join. Usage of influence onbribery can not only meets the needs of constantly changing social development, but alsocomplies with the trend of internationalization of corruption.This paper attempts to be based on the judicial practice, combining the theory of criminallaw and foreign legislation experience, and to use as a comprehensive analysis of theinfluence of bribes.First, this paper introduces the influence of the legislative process of bribes. Then thispaper elaborates the legislative background of this crime in detail. Usage of influence of theestablishment of taking bribes in China’s social life can not only meet the actual need, but alsoadapt to the international environment and perform the obligation of the convention needs.Second, in part ii of this article, according to the laws of influence taking bribes, fromthe point of view of the judicial practice, from all aspects of the crime of this crime isanalyzed systematically. From the main body point, close relatives, the close relationship andleft the state personnel to understand and apply the crime of offering are introduced. Becausethere is no very clear explanation and defined of these key concepts, in academia and judicialpractice field has different opinions. Inevitably the judicial application of this crime isinfluenced enormously.The author analyzed all sorts of different opinions comparison and put forward my ownideas. From the subjective point, the paper emphatically elaborated understanding of the "forpersons seeking illegitimate interests" and "illegitimate interests". From the object point,using the influence of taking bribes crime object is duty behavior of justice, support a singleobject said. Objectively speaking, to the following several aspects are introduced in this paper.First, the author elaborated "use of influence". Secondly,"positions or the statuses formedby convenient conditions” are analyzed. Again,"ask for and receive person’s goods" isillustrated.Finally, in the above the basis of understanding and analysis, to this crime legislation, some suggestions were put forward. The author suggest can pass legislation unified closerelative range, and define the scope of the people close to the judgment standard and at thesame time perfect it through the case guidance system for and so on.To sum up, this paper analyses use bribes crime from influence all aspects of thecomprehensive for more accurate for this crime in the judicial practice to punish corruptioncrimes accurately. |
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