Cirmes Of Birbery By Using The Influence

Use the influence of taking bribes is a new offense in the Criminal Law Amendment (g)additional in section388of the Penal Code. The offense has expanded the scope of the subjectof crime in the crime of bribery to solve the problem of judicial practice, leaving somecorruption due to legislative restrictions are not duly punished. At the same time, theadditional crime also shows that China’s legal system building in the prevention andpunishment of corruption is gradually to the international standards.Because this crime is only the amendment (g) in section388of the Criminal additional388of its basic provisions, yet the lack of relevant judicial interpretations express a number ofproblems in the judicial practice, the specific provisions of this crime, in judicial practice, theunderstanding of these issues are quite different. Therefore, these issues are deserving of ourdepth research in order to better guide the judicial practice.Firstly, some basic questions of " Use the influence of taking bribes" from the start toexplain the concepts and properties of this crime, and to further explore the status of the crimeof bribery in the criminal system. Investigate the crime of domestic and internationallegislative background will help a great premise, a correct understanding of the essence of thiscrime.And then explore the elements, and differences in the understanding of the problem,through a comparative analysis of various academic point of view, come to think reasonableunderstanding. Objective aspect of the offense the way, the understanding of the "influence",the definition of "improper benefits" discussed in detail; the concept of "close relatives" and"close" are discussed in detail in the main aspects of this crime; that of this crime, sin can onlybe a direct intentional; violation of the object for the integrity of the national staff positionsbehavior and state organs, state-owned companies, enterprises, institutions, people’sorganizations, the normal working order.Through an accomplice to the crime of accepting bribes, the good offices of taking bribesto introduce the comparison of bribery on the relationship between them, the judicialdetermination of expectations of this crime do some modest means. Finally, for the lack oflegislative status quo, expand the scope of bribery, and trust behavior be convicted of thiscrime and the good offices of bribery merged the recommendations of the new use of the influence of taking bribes "to better combat the crime of bribery, rigorous system of criminallaw.