On The Use Of The Influence Of Bribery

Use the influence of bribery crime is China’s "criminal law amendment (seven)"an important crime added, face model, complicated cases of bribery, the crime of briber in the remedy system vulnerabilities, the strict criminal law net, to prevent corruption from a certain extent. However, since the legislation of this crime in the judicial, it is difficult to apply this-crime,so that the case in judicial practice,scanty. In the eyes of the legal workers, in addition to misunderstand the many terms, the most important is easy to confuse this crime and the complicity of bribery crime, resulting in the judicial practice of judicial staff is difficult to grasp the true. In order to solve the bribery crime by the influence on the difficulties in the determination of criminal, difficult problem to recommend legislation as soon as possible of the charges of the interpretation of the law.The author thinks that this addition to the introduction and conclusion, can be summed up the following five parts:The first part:the overview of the influence of bribery crime. First of all, the amendments to the criminal law article thirteenth is not to determine the charge time, according to the criminal law of the crime are not students of inductive definitions of the crime concept, then put forward the definition of this crime. Secondly, from the subject, subjective aspects, objective aspects of elements is introduced:finally, comparing this crime with "UN Anti-Corruption Convention" and other foreign influential transaction crime of this crime, it needs to be perfected, etc. The second part:the problems of subject and object, constitute the elements of the crimes of anatomy. The subject of this crime scope:first of all, the author makes full use of the essence of criminal law to explain the "close relatives","close" concept, the lack of legislation, especially for the practice of "close" to these problems put forward effective suggestions, compared to the previous view has the innovation significance and practical value. Secondly, through the comparison between the accomplice of bribery crime and the crime, and the distinction between "close" and "special relationship"; finally, office of personnel turnover range, way, time reference authoritative scholars point of view, put forward its own views on the problem. Comparison between the object of study is mainly through and bribery crime after, so that to understand the object of this crime.The third part:introduce the crime of bribery crime by the influence of unfinished. First.of all, on the unfinished form of abstract analysis with dialectics, points out that the crime does not exist in preparation for a crime; secondly, the general provisions of the criminal law on the crime, discontinuation of crime, the concept of crime, aborted attempted detailed explanations using; finally, to the specific situation of accomplice is expounded.The fourth part:the difference between using the influence of bribery crime and similar charges one one. The crime and bribery crime, mediate bribery crime, the introducing bribe crime, no bribery, accurately grasp the characteristics of the various charges, to clarify the various offences, and focus on the national staff and their close relatives of common bribery behavior the same and difference is expounded, thus more clearly the basic characteristics of this crime. The fifth part:using the influence of taking bribes the shortage and improvement suggestions. First of all, points out that the legislation of this crime, namely crime subject scope, illegitimate interests, national staff help behavior uncertainty, as well as the investigation jurisdiction no legislative provisions. Secondly, introduces the crime in Judicial Dilemma, namely legal standards and circumstances of sentencing is not clear, the lack of corresponding measures with; finally, summarize five points to improve the legislative proposal:1, clearly defined the subject of crime.2, to seek illegitimate interests for the benefit of.3, a clear national staff help behavior punishment. Organ4, clear investigation jurisdiction.5, a clear standard on file and sentencing.