Research On Bribery Of Affected People

In order to increase the intensity of the crackdown on bribery and to fulfill its obligations under the United Nations Convention against Corruption,the Sixteenth Meeting of the Standing Committee of the Twelfth National People's Congress on August 29,2015,(9)of the People's Republic of China,which adds "the offense of bribery to influential people",that is,after the third instance of the Criminal Law,it shall be added as one of the three hundred and ninety-To seek improper benefits,to a close relative of a national worker or to a person who has a close relationship with the country's staff,or who has bribed a person who has left his country or his or her close relatives and other persons who are closely related to him,Imprisonment or criminal detention,and fined;the circumstances are serious,or make the national interests suffered heavy losses,at three years to seven years imprisonment and fined;the circumstances are particularly serious,or the national interests suffered particularly heavy losses,Shall be sentenced to fixed-term imprisonment of not less than seven years but not more than ten years and shall be fined if the unit commits the crime of the preceding paragraph and shall be sentenced to a fine and shall be sentenced to imprisonment or criminal detention for a term of imprisonment of not more than three years for the person directly in charge and other directly responsible persons Fined.The crime with the "People's Republic of China's Criminal Law Amendment(7)" additional "use of the influence of bribery" with the relationship between the legislative process in the crime,all aspects of the experts have repeatedly on the need for legislation And technical issues to discuss,and ultimately the crime in the legislature to increase the use of influence bribery after the formal offense.Since then,the "influential people" bribery of the formal criminalization of the bribes of the state staff close relatives and other closely related personnel and other personnel bribery behavior into the scope of bribery punishment,improve the bribery in China The criminal system of crime,the criminal law network of bribery crime in our country is of great significance to punish the increasingly rampant bribery crime in our country.In addition to the introduction and conclusion,the thesis consists of five parts:The first part discusses the basis for the establishment of the bribery of influential people.This is mainly based on the actual basis,the theoretical basis and the legal basis of the crime.The reality is based on the new contents and methods of bribery crime in our country.The theoretical basis includes the theory of criminal law,the modesty of criminal law Theory and criminal policy theory.The legal basis is mainly from the aspects of crime,and the rationality of the establishment of the crime is explained by the different viewpoints of the crime and the final establishment of the judicial organ.The second part is the historical evolution and extrajudicial investigation of the law of bribery of influential people.In the history of the crime legislation,the main discussion of the "law" on the "crime of crime" provisions and the "law of the crime of conviction",after the founding of new China "criminal law" for the crime related to the amendment and addition.This article mainly discusses the legislative attitude of the crime in the foreign criminal law and the reference significance to our country.The third part is the analysis of the crime of bribery of influential people: the first is the object of bribery of influential people,according to foreign scholars and scholars of our country on the object of the view,the article that the crime of the direct object Is the construction of the national integrity system,the indirect object is the integrity of the national staff;secondly,the objective aspects of the influential people's bribery,focusing on the implementation of the crime behavior and behavior object;again is influential The main body of the crime of bribery is mainly expounded on the scope and cognition of the subject of the crime.Finally,the subjective aspect of the bribery of the influential person is mainly discussed from the aspects of crime and criminal purpose.The fourth part is the determination of the influential bribery of the influential people: one is about the crime and the gift of behavior and emotional investment behavior of crime and non-crime analysis;the second is about this crime and other crimes,such as with bribery,The crime of bribery and the crime of bribery of non-state personnel such as the crime and the crime of the analysis;Third,on the attempted assertion,according to the bribery behavior seeking,the contract and delivery of the three stages of the investigation of bribery crime " Problem,thus identifying the attempted form of the crime.The fifth part is the legislative flaw and perfection of the influential people's bribery crime: This part discusses the legislative defects of the influential people's bribery crime,and put forward three suggestions for perfecting the crime,Bribery "scope,the abolition of" for the sake of improper interests,"the subjective elements and broaden the objective aspects of the line.