Using The Influence On Corruption Charges

Our country has always focused on the anti-corruption work.Thus,influence-using bribery crime was added into our country's Amendment Seven of Criminal Law to deal with the diversified bribery crime.Considering influence-using bribery crime as a serious criminal charge has a profound significance,such as an indelible role in controlling anti-corruption crime,tightening criminal law net and maintaining social stability.However,influence-using bribery cases have been increased significantly in recent years' juridical practice.Thus,the limitation of influence-using bribery crime becomes more apparent.From the perspective of subject of crime,unit crime is not included into the category of this crime.The definition of the subject of crime is unclear.It is also difficult to decide whether national staff members belong to the subject of crime.From the perspective of criminal objective behavior,the scope of illegitimate benefits is unclear and the scope of illegitimate possessions is quite narrow.From the perspective of adjudication of punishment and qualification-penalty,the standard of adjudication of punishment has deficiency as well as the qualification-penalty is lacking.According to the study and analysis of legislative context and current legislative situation of influence-using bribery crime,it discovers that the legislative improvement is urgently needed for this crime so that the influence-using bribery criminal behaviors can be controlled.As to the legislative deficiency of current influence-using bribery crime,it suggests that its symptom and root cause should be eradicated.From the perspective of the subject of crime,the unit crime can be included into the subject of crime of influence-using bribery crime.And the concept of partial subject of criminal shall be cleared.Meanwhile,national staff members should be added to the subject of crime.From the perspective of the object of crime,it shall consummate the definition and scope of illegitimate benefits as well as expand the scope of illegitimate possessions by borrowing the definition of illegitimate benefits from bribery for reference.From the perspective of adjudication of punishment and qualification-penalty,it shall set up the scientific standard of penalty provision,increase the qualification-penalty for influence-using bribery crime and establish flexible adjudication of punishment system.Thus,it shall establish strict conviction and sentencing system from macroscopic aspect as well as consummate relevant specific systems from microscopic aspect so that the value of law of the influence-using bribery crime can be fully exerted in the judicial practice.