Theory Of Crime Of Accepting Bribe By Influence

Amendment Ⅶ to Criminal Law provides for the crime of accepting bribe byinfluence for coping with new trends of crime of corruption.It means the nationalstaff of close relatives or their close influence trustees obtain or bribe behavior to seekillegitimate interests. It has a great significance for further closing China’s fightagainst corruption or bribery criminal and increasing the punish dynamics of thecrime of corruption.At the same time, the provisions of the crime shows that Chinahas honored the commitment by actively fulfilling its treaty obligations andintegrating with international conventions. However, for such a new charge,it hasneither relevant legislative nor judicial interpretation to further explain itsmeaning.Being different from the previous accusation, it used such a new word "influence " as summarized.Therefore, it is necessary to research this crime.Thearticle is based on that purpose to study crime of accepting bribe by influence.The crime of accepting bribe by influence, unlike the traditional crime of bribery,has its own legislative background.And in the constitutive requirement of this crime,the more special is its subject and its objective circumstances. This article mainlyanalysis these issues, and then raise some inadequacies of the existing legislation ofthe crime to put forward the corresponding proposals.This article consists of four parts content. The first part illustrates the crime ofaccepting bribe by influence, stated in Amendment Ⅶ to Criminal Law,and analyses its background of legislation from the aspects of domestic and foreign, todemonstrate the meaning of this crime. The second part is the analysis of constitutiverequirement, particularly of the subject and objective circumstances of the crime ofaccepting bribe by influence. The subject including five kinds from the law can begrouped into three categories: close relatives, other close people and the leavingnational staff. The subjective aspect of the crime is the direct intention that is to sayknowing and willfulness. The object of the offense is the legitimacy of duty behaviorof national staffs. The objective circumstances of this crime expresses the behaviorsof extorting or accepting bribes and utilizing the influence to seek illegitimateinterests. One of the most important is utilizing the influence. The third part iscomparative analysis between the crime of accepting bribe by influence and someeasily confusable crimes such as the crime of acceptance of bribes, the crime ofmediation bribery and crime of introducing bribes. The final part raises the legislativedeficiencies of the crime of accepting bribe by influence. The first is vague languageand unclear Definition. Second, it has no provision for correspondence offense. Thelast problem is no age limit for the leaving national staff. Based on these issues, thearticle suggests that lawmaker should define the legal concept of the crime, providethe behavior of briber into criminal law and limit the leaving national staff’s leavingage.