Research On Bribery Crime By Using One’s Influence

The bribery crime by using one’s influence is a new charge as a provision of theAmendment VII to Criminal Law. This new crime not only conforms to the actual needin struggling against corruption in China at present and fills loophole of criminal law,but also conforms to the spiritual essence of the United Nations Convention againstCorruption. Because of its announced charge for a short time, the criminal law theoryand the judicial practice are insufficient, relevant research is still lacking. It is necessaryto make a deeply discussion about this crime. This article attempts to analyze this crimein order to improve the legislation of this charge, thus supplementing some pieces ofadvice for further improvement.Except foreword and conclusions, this thesis consists of the following four parts:The first part:the brief introduction of bribery crime by using one’s influence.Thissection mainly introduces the crime’s legislative background and significance in China.The second part: the affirmation of bribery crime by one’s influence. First of all,this part introduces the object of bribery crime by one’s influence, This paper holds thatits criminal object is the public’s trust interest in government personals official duties.Then, the paper analyzes the criminal objective aspects. This part mainly analyzesthe use of influence, unlawful benefits, taking bribe and asking for. Again, the criminalsubject. This part discusses close relatives, close persons, and the left statefunctionary.Finally, the analysis of the criminal subjective aspects. The subjective faultof this crime can consist of both direct intent and indirect intent.The third part: the comparison of the bribery crime by using one’s influence andinfluential transaction crime. First, this part explains the constitution of influentialtransaction crime prescribed in the United Nations Convention against Corruption; Next,the article compares the bribery crime by using one’s influence with influentialtransaction crime; Lastly, this part builds a differences summary between the two crimein subject, influence force and sentencing side,etc.The forth part: improvement the legislation of the bribery crime by using one’sinfluence. Through referred to the advanced legislation punishment of the taking bribecrime in the world and combined with the regulation in our criminal law about thebribery crime by using one’s influence, the article makes a number of legislativesuggestions concerning the subject, criminal objective, criminal discretionary and adding correspondence offense.