On The Crime Of Bribery By Using The Influence

The Crime of Bribery by Using the Influence is newly established in theCriminal Law Amendment(seven).As soon as it was enacted,it has got a lot ofattention and caused wide controversy.This article is focusing on the legislativevalue,the determination of charges,some conception and constitutive elements ofthis crime, putting forward some legistive proposal such as enhancing the regulationabout the correspondence offense,extending the connotation of bribery and so on..Through historic analysis method and comparative analysis method, consideringour basic national conditions, this article discussed the legitimacy such as continuingthe historical trend,tighting the dragnet of crime justice and fulfilling the obligation sand commitment under the international treaties.and the process of the determinationof charges. According the article,the range of the near relative should be limited bythe criminal laws, close persons should be identified by combing the subjectivefactors with the objective factors, and the authority power should be including in theconception of “influence”.As to the constitutive elements,because the crime hasintrinsic difference from taking bribes,that is,the essence of taking bribes is thepower-for-money deals,and the essence of this crime is the influence-for-moneydeal,so the object of the crime should be the legitimacy of the act of official dutyrather than the honesty of official duties. and being close persons is the core elementsof the subject of this crime,so someone who serves the public office should becovered. As to the illegitimate benefits,the writer combs the the formation of thedefination,compares with taking bribes,and gives the advice finally.In the end, onthe basis of reviewing the legisl ative tradion of our country and investigating theoverseas experience, the author puts forward the legistive proposals, enhancing theregulation about the correspondence offense and extending the connotation of bribery.