Discussion On Bribery To Influence Staff

Bribery Crime in our system, the "trading in influence" of bribery crime, there are only the "use the influence of bribes" added in 2009, it is "trading in influence" criminal aspects from bribery provisions, but No aspect of the bribery provisions of "trading in influence" criminal.. August 29 this year and approved the " Criminal Law Amendment(9)", the new regulations for the use of the influence of national staff to seek illegitimate interests, their close relatives and other closely related criminal bribes, to further expand the subject of bribery range, tight French criminal offenses of bribery, perfect legislative system such crimes. However, due to the new charges,the relevant judicial interpretation or detailed provisions not equipped, either in the past related cases to trial on charges of similar fixed penalty, or can not be held criminally briber, and the introduction of new judicial interpretation of the relevant provisions or, more needs time. For real life appear in such cases, judicial practice in judicial practice who do not know how it is identified. I combine the existing bribery crime-related theory of "bribery of influential persons" to explore and study,specifically divided into three parts:The first chapter, Overview of the "bribery to influence staff", covering "bribery to influence staff," the legislative sense, the concept features. Legislation meaning mainly from the requirements "of the United Nations Convention against Corruption",the legal interests protection requirements, bribery crime situation is grim three aspects of the requirements set forth, and then its concept, features elaborate, through the analysis of this crime and bribery of non-state staff of bribery, bribery and other crimes related offenses confusing similarities and differences in order to better distinguish this crime and other crimes, and grasp the meaning of this crime.The second chapter, "bribery to influence staff" Finds, and focuses on the objective aspect "bribery to influence staff" constituted a crime. From the "influence" of the keyword, analyzing "influence" of the Criminal Code and the type of intention; to determine the existence of controversial "illegitimate interests" be clarified; by close relatives, close to the people, national staff, national staff of bribery and other separation-depth exploration target, thereby defining the scope of "influence staff";and the unit became the subject of the crime analysis of the disputes discussed.The third chapter, "bribery to influence staff," the lack of legislation and improvement,mainly by drawing on the relevant provisions on the crime of extraterritorial legislation, combined with our existing legislation, compared to "United Nations Convention against Corruption" requirement, lack of legislative summary, and the proposed increase inadequate behavior of this crime, expand the scope of bribery, a number of recommendations to improve the configuration and other penalties,improve legislation Construction.