The Study Of Bribery Crime By The Influence

Bribery Crime by the Influence as a comparatively special crime of bribery, from incriminate so far, achieved some success in terms of punishing corruption, to some extent to meet the practical needs of punishment of bribery in China. However, there are many uncertain issues in the main elements and object elements of Bribery Crime by the Influence,it caused great controversy in theory.In judicial practice, the crime of offense crime patterns, identify accomplices and also difficult to identify the existence of a problem with the other sub-sector bribery crimes.Therefore, the author of this article on the above-mentioned problems by analyzing the crime, noting that the crime of the existing legislation is insufficient, and make reasonable suggestions to improve this crime.This paper is divided into three parts: introduction, body and conclusion. The main body consists of three chapters:The main body includes four chapters:The first chapter is the range of offender of Bribery Crime by the Influence. This chapter is divided into four sections, the first three section is the legal provisions of the crime of "close relatives", "other close" and "leaving national staff" standard dispute analysis, to determine a reasonable standard.The second chapter is the objective aspect of Bribery Crime by the Influence. This chapter is divided into four sections, the first three section is mainly on the objective aspect of the crime constitution in "influence", "advantage" and "improper benefit",analysis of how to identify the three elements. Finally, the analysis of how to identify the scope of bribery crime.The third chapter is the judgment of Bribery Crime by the Influence. This chapter is divided into four sections, the first two mainly deals with the different theoretical disputes accomplished form and complicity of the crime and how to correctly identify these two forms. The third section is the crime and other crimes of bribery to the boundary. And finally discusses on the relationship between crime and crime object to.The fourth chapter is the Deficiency and perfection of Bribery Crime by the Influence.This chapter is divided into two sections, the first section combined with the discussion of the previous chapters and points out the existing deficiency of the crime scope is not clear, the scope of bribery is too narrow, the conviction and sentencing of the crime are not reasonable enough,the second section of these issues for the scientific and reasonable suggestions.