The Research On The Bribery Crime By The Influence

At the beginning of the establishment of the bribery crime by the influence,on the one hand is due to China's new era to strengthen anti-corruption efforts,strict criminal law network needs,on the other hand is also in line with international conventions,to fulfill the obligations of the Convention.Around the use of the influence of bribery,there are many experts and scholars conducted in-depth study,and published a different view.The study of the offense may not have been a fresh frontier problem in academia,but there are still differences in the understanding of the elements and related issues in the offense.Judicial application from the point of view,the conviction of the case compared to the traditional corruption and bribery crime in terms of the number of very few.These phenomena have made use of the influence of bribery and did not fully play the role of being set up by the original intention.Based on the legal provisions of the paper,combined with the views of scholars and reference to judicial practice,trying to identify the difficulties on this crime put forward their own views.First,the use of influence in the crime of accepting the crime of "close relatives" should be determined in accordance with the relevant provisions of China's "Criminal Procedure Law";"close" people can use the form of review and substantive review of the combination of the approach is focused on substantive review The "Working country staff" in certain circumstances can be used as the main body of this crime,the key depends on the use of the nature of its influence."The separation of the national staff" to determine the paper tend to "loss of power".Second,"influence" as the use of influence Bribery crime in a core element,refers to people have to influence other people's psychological ideas or behavioral ability,but also divided into power influence and non-power influence.There are three main ways of using influence,the first is the close relatives of the national staff or other closely related to the direct use of the staff of the country's influence through the national staff of the job behavior for the trustee profit;the second Is the close relatives of the national staff or other closely related to the use of the influence of the staff of the country indirectly affect the work of other national staff,through other national staff positions for the trustee for the benefit;the third is to leave the country work Personnel or their close relatives,the close relationship between the use of the state staff in the formation of the power and status through the work of other national staff positions for the trustee profit.Third,the state staff because of their close relatives or close relationship between the people began to use their powers to ask the trustee to seek improper benefits,to be able to determine the crime to achieve the state of the crime;the crime is attempted to act on the state work Personnel are affected or persuaded,but have failed to succeed because of objective reasons;the suspension of the crime means that the perpetrator in the process of the national staff to ask and persuade the process or in the country staff began to implement the trustee for the benefit of Duties before the initiative to give up the behavior and effectively avoid the damage of legal interests.Fourth,the use of influence The main difference between bribery and bribery is the subject and the use of "influence" of the different nature of the main body of this crime can be the main body can also be a national staff,the use of the main influence is non-power Influence;and the subject of bribery can only be the national staff,good offices bribery under the influence of the use of power can only be their own influence.And the difference between the introduction of bribery is mainly the difference between the actual bribery,the actual recipient of the crime in this crime is the close relatives of the national staff or close contact;to introduce bribes in the bribe of the recipient is the national staff.The difference between fraud and the crime of fraud mainly lies in the infringement of legal interests.The legal interests against the crime are the legitimacy and impartiality of the duties of the state staff.The legal interest infringed by the crime of fraud is the ownership of the property.