On The Crime Subject Limitation Of Bribery Using Influence

Being as one of the most common crime, bribery is also a top priority crime to be fought on the international. When PRC Criminal Law Amendment Act (VII) published, a new item added as the crime of bribery using influence. And then the bribery crime is no longer limited among civil servants. The crime of bribery using influence is defined as the civil servants could conduct bribery through "the related people" like "relatives" or "intimated related people" or though influencing other civil servants’profit by his position or his power, and this is also the key point of the birth of this clause. Because of the unclear definition to the crime subject of bribery using influence in our country, the judicial execution of this clause has become more complicated. In this thesis, it will combine the definition the crime of bribery using influence and judicial instance to analyze insufficient part of this crime in our law and rule and make suggestions to these insufficiency.Part 1 will introduce the legislation background of the crime of bribery using influence in national and international aspect. And then make a brief introduction of current situation and features of the subject of this crime. Last, make a general statement to the crime of bribery using influence.Part 2 will firstly classify the subject of the crime of bribery using influence, which includes these three types:relatives, intimates person and dismissed civil servants. Then by listing specific cases, this part will also state the problems in this crime, such as unclear defined range of "relatives" and how to understand "intimated person"; and there are still arguments on whether civil servants would be the subject of the crime; and the definition of "dismissed" is ambiguous.Part 3, by analyzing and studying the bribery cases in related laws of civil law system, common law system, Hong Kong and Macao to complete our legislation.Part 4 will propose suggestions to improve legislation in the crime subject of bribery using influence, which includes the conception of the crime and explaining the crime subject in judicial aspect and enlarging the range of the crime subject to some extent to assist the crime subject limitation of bribery using influence.