Identify And Legislation Improvement On Bribery By Using The Influence

Under the influence of trade in influence crime which is stipulated in Nations Convention against Corruption,other countries of the word introduced similar crime according to their actual situations and legislative environment.In the background of international anti-corruption,premeditated the reality of anti-corruption in our country, Amendment VII to the Criminal Law of the People’s Republic of China stipulated in article thirteenth,one article is added after the article of 388 th,which is “Bribery by using the influence”.This article is a great progress of criminal legislation, it means that our legislature pay more attention to anti-corruption process,it is conducive to anti-corruption criminal justice theory and judicial practice further integration,then it can meet the needs of the deep-seated social development.The article is divided into three parts:the first part is legislative origin and significance of Bribery by using the influence which introduces the purpose of adding this kind of crime and its value;the second part is problems in presence of cognizance about Bribery by using the influence,mainly analyzed and summarized the main elements of the crime and other aspects of the key element.In addition,relates to the identification and treatment of similar behavior to the Bribery by using the influence;the third part is suggestions for the Bribery by using the influence,for the analysis of the problems put forward relevant solution,in order to make up for the defects in the legislation,perfecting the system of criminal law.Bribery by using the influence has a very high value and far-reaching significance of legislation,but the concept of provision is simple and fuzzy、its scope is not clear,which lead to the judicial operability unlikely to work.While, the life of law lies in practice,by analyzing problems in presence of cognizance about Bribery by using the influence and combining theory evidence,intent to explore the way to make Bribery by using the influence perfect,improvement of anti-corruption in the legal system,while promoting judicial practice and preventing corrupt practices.