Research On The Legal Issues Of The Crime Bribery By Using One’s Influence

The crime of bribery by using one’s influence has many commonpoints with the influential transaction crime in the UN anti-corruption pact, however,there are also many difference between the two crimes. The crime of bribery by usingone’s influence in the criminal law can fight against corruption and promote theestablishment of a clean government, so it is a great progress in criminal legislation.But there are lots of legal issues to be analyzed such as the constitution of this crimeand the judicial determination of this crime. This dissertation researches the crime ofbribery by using one’s influence with the following parts: The first part is briefintroduction. This part introduces the current research situation, the research purposeand the research methods as the start points of the whole dissertation. The second partis the general introduction of the crime of bribery by using one’s influence. This partintroduces the crime of bribery by using one’s influence and similar crime in othercountries and region’s criminal law, and maintains that there many difference betweenthese crimes in criminal subject and criminal objective aspects. The third part is somedifficulty problems of the crime of bribery by using one’s influence. This part is themain part of this dissertation and analyzed some controversial issues such as thecriminal subject, the subjective elements of crime and the criminal object. This partalso researched the issues of judicial determination of the crime of bribery by usingone’s influence from crime from the non-crime, this crime from other crime and heavycrime and light crime. The last part put forwards some suggestion to improve thelegislation of the crime of bribery by using one’s influence.