The Comparative Analysis Of The Complicity Of Bribery And Bribery Using Influence

To use the influence of bribery is to intensify the fight against corruption and adapt to the "United Nations Anti-corruption Convention" requirement and the amendment to the criminal law (seven) a crime in the new. Because of the relation of bribery crime by the influence of human trustees profit must depend on the behavior of duty of national staff, thus usually relates to national staff, may constitute the accomplice of bribery. And use the influence of bribery and bribery violations of legal interest similarity, objective behavior are coincident, so the two crime prone to confusion, it is necessary to clarify the.The following article is divided into four parts:the first part introduces the case, and put forward in case analysis of the problems in the process of. The second part is mainly on the basic problems of using the influence of bribery crime and bribery crime. From the angle of the history of legislation, the review of our history to the bribery crime legislation, and with the evolution of history, on bribery legislation modification and improvement, and important to use the influence of bribery is introduced in how the international and domestic background. In addition, the author introduces the legislation value of influence using bribery. These are the necessity of using influence bribery in the study. These factors are subject, from the two act of the crime of infringement, the main aspects of the analysis and comparison of two different aspects of crime in the crime. The third part is the complicity of bribery crime of influence, discussed the necessity that accomplice identified problems the author from the bribery crime by the influence of accomplice, accomplice and the characteristics of bribery crime by the influence of grasp that accomplice standard, and discusses the possible problems in the judicial practice because of the negative impact of influence using bribery issued by. Apply the fourth part using the influence of bribery crime and bribery crime in the judicial practice. The author discusses the difference between the two boundaries, discusses the two, so that it can adapt to the judicial practice in our country, discusses how to improve the bribery crime by the influence may be appropriate to reference the international legislative advantage and based on.