Research On Using Influence Bribery Legislation Improvement And Judicial Application

When the seventh time correction of criminal law, coincided with the corruption rampant is difficult to control, to respond to the demands of reality, reaction purifying atmosphere needs, on the basis of the original charges set up to use the influence of bribery. And before the corruption crime is different, criminal law not only has to manage a public corruption, on the side part and the laws of the state against the figures can be regulated. Using the influence of bribes to expand the corrupt ways to direct the corruption of public officials more aggravated, serious corrupt the normal social ethos, the charges set meritorious not. But specific counts from the point of view, the crime in the formulation and application of there is still a lot to be perfected:Did not express the subject of this crime, lack of interest provisions of this crime, resulting in the judicial determination of the deviation, and the anti-corruption work incandescent, so the use of bribery crime of influence research have practical importance.In this paper, the author be divided into three parts:The first part:the overview on using influence bribery legislation. First, this part introduces the influence of bribery legislation evolution in our country, legislation present situation and the characteristic, by means of the influence of extraterritorial criminal law and international conventions and bribery crime legislation overview. Secondly, this paper expounds the international conventions and outside by means of the influence of bribery crime, the relevant provisions of the criminal law and analysis using influence bribery in China, illustrates the use of influence on corruption charges applicable is punishing corruption in our country, an indispensable part of anti-corruption work.The second part:the influence of bribery legislation deficiency and improvement.In this paper, from the incomplete type unit crime subject, crime subject scope definition is not clear, for "improper benefits" is unreasonable, the three angles to analyze about the lack of legislation.According to the above three shortcomings, in this part of the later elaborated how to perfect.The third part:the influence bribery judicial predicament and perfect. Pointed out that the utilization of the influence of taking bribes judicial application from the initiate an investigation shall be under the jurisdiction of the subject is not clear, filing standard not clear two aspects in this paper. According to the previous summed up the two aspects of the judicial application of the predicament, also summarized the improvement of the corresponding measures.