Research On Legislative Significance And Judicial Plight Of Taking Bribes In Influence

2009, Amendment of Criminal Law7expanded the rage of the bribery crimethrough adding Taking bribes in influence. People expect the expansion of the mainbody of the traditional bribery would play a very important role in fighting against thecrime of corruption. But2years has passed, few cases are applicable to the newlyArticle388. Taking bribes in influence has encountered judicial plight. In order toexplore the root of the problem, the paper attempts to base on the theory of criminallaw and relevant cases to do the in-depth research about taking bribes in influence.Chapter One affirms the definite progress of legislation of Taking bribes ininfluence. The paper firstly contrasts two similar cases happened before theamendment,“the close person” identified bribes criminal acts relied on the joint crimewith national staff. If there wasn’t enough evidence to prove the joint crime, or thenational staff really didn’t know the close person’s taking bribes, the close person wasnot guilty. While after the amendment, Taking bribes in influence can trussanti-corruption fence, for “the close person” can be directly convicted. Secondly, bytracing the evolution history of China’s criminal law on bribery, the amendmentcontinued the expanding trend of main body in bribery. Thirdly, the paper creativelyproposes the idea that taking bribes in influence also has the bribery crime essence:money trading, but in a new type of triangle. However, the positive significance of thelegislative can’t hide the obstacles of the judiciary in cases. Chapter Two not only analyses the judicial plight of taking bribes in influence, but also puts forward itssolution. Abstract provision which has weak operability for its little detail causesmany disputes, especially on the distinguishing boundaries of an accomplice with thecrime of accepting bribes, the introduction of bribery, fraud and crime. So it is need toexplain the provision in the specification of the concept to enhance judicial operability.On the one hand, we should give the clear definitions of “the close relatives”,“theclose person”,“the leaved national staff” and “influence”. On the other hand, in orderto improve the accuracy of applying newly amended Article388, it needs todistinguish the difference between taking bribes in influence with other crimes,including he crime of accepting bribes, the introduction of bribery, fraud and crime.Chapter Third bases on the “United Nations Convention against Corruption”, revealslegislative omission in our country’s Criminal Law and proposes the way to solve theproblem. Finally, in the last Chapter, the paper gives its conclusions on how to maketaking bribes in influence play the real role in the battle of Anti-corruption. Giving theclear definition of the key concept; Quantify the amount of the crime; Payingattention to compare the similar crimes with it and so on, there are all primaryproblems. But how to regain public support in anti-corruption is also important.