The Study Of The Identification On Crime Of Offering Bribes To Influential People

Crime of offering bribes to influential people is a new manifestation of bribery,which is a further refinement of the scope of the object of bribery.Use the influence and bribery,is the multiple frequent type of bribery crime in recent years.With the United Nations Convention against Corruption and international trend of legislation to adapt,we make its relative behavior trustees bribery included in criminal law.This crime is a new accusation of bribery crime systerm,there maybe some problems in both theory and practice,so the paper will discuss these problems under the framework of bribery crime.The first part introduces the legislative background and theoretical basisi of the establishment about the crime of bribery to influential people.The legislative background is from two angles:international background and domestic background.The international aspect,is inline with the requirements of international conventions and follow the practice of the international community in countering the circumstances.On the domestic front,firet of all,which reflecting the application of the international convention into the transformation process,and then,it's a matter-of-course when the objective assessments about the social harmfulness of the bribery behavior were made accurately.The discussion of theoretical basis involves the hierarchy of the bribery and the relevance character of bribery.The second part investigates the object of bribery about this crime.The object in the statute is presented by enumeration,and the form is concise and clear,but the concept still needs to be clarified.Close reltions,there is a big difference,due to different branches of law on the scope of the definition of close relatives,and the two crimes which use of influence in bribery were not involved in their specific range.Therefore,that concept,which essential function if positioning and sociality of interpersonal relationships in this crime,will clarify its range clearly.And the other two concepts,close relationship and influence,are related to the modal and substantial judgement,that is,type of relationship and influence type,degree of close and degree of influence.The third part discuss the two elements which related to profit.In this crime,that is,the scope of bribery and unfair interests.The scope of bribery is a widely discuss issue in many puzzled problems of bribery.Especially,whether the sexual bribery,as the representative of he non-ferrous property interests should be incriminated,still has fierce controversy.The nature of the seeking for improper interest elements,the existence and abatement,the definition of improper interests,which related to the distinction about interest in offering bribes and accepting bribes,so there is also a requisite for discussion in this crime.The forth part is the analysis of the behavior of this crime,and extended to the crime of the form of cessation and the form of joint offense.Behavior of the crime,there are two choices about three types of position and a type position,the paper support a type of proposition.This form of not accomplished exists,with accomplished offense,its differentiate should be distinguished by whether the bribes recepted.In this crime,which related to the joint offense of this crime,specific forms of it and the suitable use of corresponding charges.So the paper will discuss those problems on the assumption that different criminal intent and different behavior.And the distinction of directly offer bribes and indirectly accept bribes also be involved.