Research On The Crime Of Taking Bribes By Using Influence

In recent years, the crime of corruption is becoming a global problem. Since December.2000, United Nations General Assembly begun to develop a worldwide anti-corruption convention in order to form a joint force for the prevention and combating corruption crime. On October31,2003, the58th session of the UN General Assembly plenary meeting examined and adopted the United Nations Convention against Corruption and entered into force on December14,2005after the30signatory States ratifying the convention. This is the first legal documents for the guidance of the international anti-corruption struggle in the history of the United Nations adopted, which norm legally the prevention of corruption, the definition of the crime of corruption, international cooperation in anti-corruption, illegal assets recovered, etc. This has great significance for countries to strengthen domestic anti-corruption, to improve anti-corruption effectiveness and promote anti-corruption international cooperation.On October27,2005, the18th meeting of the Standing Committee of the Tenth National People’s Congress unanimously adopted a decision to the approval of the United Nations Convention against Corruption, which shows the determination of China’s anti-corruption. On February28,2009, the Standing Committee of the National People’s Congress adopted the "Amendment to the Criminal Law of the People’s Republic of China (VII)", the new charges of using the influence of taking bribes have emerged, which expanded the scope of the main body of the crime of accepting bribes, the national staff of close relatives and other people close to the national staff leaving or their close relatives and other close associates are included, showing significant progress on the legislation. In the development of the "Criminal Law Amendment (VII)", legislators hope to principle the using the influence of taking bribes perfectly, however the reality is complex, practice and theory also develop continuously, the author finds the using the influence of taking bribes exists its own shortcomings after several years of deep research. This paper is divided into three parts. The first part, the author starts with the basic concepts of the influence of using the influence of taking bribes and briefly discusses its constituted elements, then compares it with China-related bribery crime, so that we can have intuitive understanding about the using the influence of taking bribes. The second part, the author compares the use influence of taking bribes with abroad, mainly introduces the distinction of using influence of taking bribes between our existing laws and the United Nations Convention against Corruption, to look for gaps of our existing laws. The third part, the author starts from the status introduction of our country’s using influence of taking bribes to find out the emerged and inevitable plights in judicial practice, then concerning the distinction and judicial predicament of our existing regulations with the United Nations Convention against Corruption ", the author has his own views on Perfection of Legislation on using influence of taking bribes from the expansion of the main range, weakening the plot of "as trustees to seek illegitimate interests", combating bribery, standardizing counts describing. Above all, the author hopes to contribute on deepening China’s anti-corruption struggle through his own efforts.