The Research Of Influence Of The Crime Of Bribery

In order to combat the current social life in the frequent corruption,to build the scientific and reasonable charge structure,improve the criminal law system,as well as the fulfillment of the obligations set out in the "United Nations Convention against Corruption","Criminal Law Amendment(9)" advancing with the times,the corresponding increase new charges of the influence of the crime of bribery,and the use of the influence of bribery to form a crime against in the crime.Since the offense was just determined in the "Criminal Law Amendment(9)",the interpretation of the offense by the Supreme People's Court and the Supreme People's Procuratorate on the interpretation of the offense did not solve all the problems in the course of the theory and practice.The author of the bribery crime with other crimes,such as bribery,bribery,the use of influence bribery and other related charges and the Supreme People's Court,the Supreme People's Court and the Supreme People's Procuratorate issued by the relevant judicial interpretation and scholars' book to explore the new charge.In the process of establishing the charges of the influence of the crime of bribery,the scholar varies according to the different basis have different views.The establishment of the crime is based on the provisions of the "Criminal Law Amendment(9)" and the provisions of the judicial interpretation as the basis,through the "bribery" and "influence" these two elements will be distinguished from other charges,clear expression The crime of this crime.The objective elements of the influence of the crime of bribery include the standard of the object,the elements of behavior and the determination of "influence",they are the center of this article,focusing on the composition of the part in the objective elements.Elements of behavior are rich in content,means and content of bribery are included.In the case of the influence of the crime of bribery,related to the destruction of social relations,different scholars have different views on the object of criminal acts,and the author agrees that the offense would undermine the cleanliness,integrity and non-collection of the powers of the national public officials in accordance with the law.In the means of bribery,the theory of that there are three kinds:the actual given,promised to give,proposed to give,I believe that constitute the crime of bribery means only contains the actual given.In the form of bribery,it is mainly divided into two kinds,one is for the national staff as the goal,the other is to leave the national staff as the goal,by the ability to influence the two people to bribe to achieve crime purpose.What the content of bribery?According to the law,mainly including three kinds:monetary property,property of including the financial interests,all the improper interests,I believe that the contents of the bribery of the perpetrator should be able to measure the property interests of money.The object of bribery of the perpetrator is the person who has an influence on the exercise of the authority of the state staff,mainly for the following persons:persons who are within the legal concept of the close relatives of the national staff who are in compliance with the law,and who are not in the special status of the national staff after leaving office,as well as close relatives who have a close relationship with them,others who are closely related and have some influence on the conduct of public functions.The definition of"influence" is based on the kinship-related kinship,friendship,affection,interest,money,geography,criminal behavior or work relationship,based on the specific circumstances of the case to judge.The subjective elements of the influence of the crime of bribery mainly include the criminal subject and the bribery subjective mentality of the influential person.The main body of the crime is very rich,including natural persons and units,according to the elements of this crime,units for the sake of improper interests and to the national staff influential people bribery,to achieve the purpose of the crime,should be determined to set up units as the main body of the crime,punished according to law.The subjective state of mind of bribery in bribery has no wrong understanding of the subjective aspects of bribery is a direct intention.There are three main types of unfair interests:the interests that are not in line with the law,the benefits obtained through improper procedures,and the competitive advantage gained through the illegal approach.The distinction between influential bribery in the process of identification should be noted that the difference between the behavior of the normal social interaction,the difference between the two lies in the existence of the use of influence for the trustee to seek improper benefits,and the difference between other related charges contact.This crime includes the form of attempted and accomplice situations,need to combine the objective elements and subjective elements of specific to analysis.