Using The Influence On Corruption Charges

In the new round of criminal legislation in China, the Use of Influence inBribery Crime was added to the sequence of criminal law. The development andimplementation of this criminal charge complies with the needs of anti-corruptionstruggle in the new era, fixes the legal loophole of corruption and bribery crime, andalso conforms to the legislation trends of the "United Nations Convention againstCorruption".Due to the short history of the legal provision and the non-perfect research andpractical experience, there are relatively few achievements of correlation studies.Therefore, in order to have a more clear understanding of the crime, it is necessary toconduct a comprehensive analysis on the basic connotation and correspondingcontent of the crime charge. Based on a certain research on the use of the influenceof bribes, this paper proposes improvement suggestions on existing relevantprovisions of this crime charge in China.In addition to the Introduction and the Conclusion, this article also includes fourSections, as follows:Section One: Overview on the use of influence in bribery crime. This sectiondescribes the evolution of the use of influence in bribery crime and the necessity oflegislation, conducting a legislative analysis and interpreting the realistic meaning oflegislation. This section also describes the characteristics of relative legal provisionson the crime charge and the significance of such regulations on struggling againstcorruption in China.Section Two: The analysis on the elements of the use of influence in bribery.This section firstly introduces object of the crime charge--the reliance of the publicon the duty behavior of national staff; then analyzes the objective aspect of the crimecharge, mainly analyzing the transaction object, the content of transaction and theelements of influence; further analyzes the subject of the crime charge--using theinfluence of the close relatives and close persons; at last, the subject aspect of this crime charge--intention.Section Three: This section points out some problems in the current legislation,such as generating new legal loopholes, the lack of provisions to commit, ambiguouslegal concepts, the lack of units conviction, illegitimate interests, penalty punishmentand other problems.Section Four: The improvement proposal. By drawing legislation in othercountries, combined with the reality of the use influence in bribery crime in China,this section provides proposals on taking such bribes for other offenses, clarifyinglegal concept, introducing new judicial interpretation, changing correspondingconditions and adding units corresponding criminal penalties to improve severalaspects of criminal legislation for improvement.