Use The Judicial Determination Of The Crime Of Accepting Bribes

In recent years,the crime of bribery in our country is becoming more and more complicated,which increases the difficulty of the application of the law.The rapid development of economy and society,the supervision system is not perfect.And legislative oversight,judicial application ineffective.Whatever the reason,it is more or less affected the current efforts to combat bribery crime.In order to further punish corruption crime,maintain a powerful blow to actively adapt to the rhythm,the eighteen after the party and the government in the fight against corruption in the new requirements,the new standard,and in order to further our country criminal law and the relevant international convention effectively,carry out anti-corruption work to open vision and global vision,for this purpose and,in February 2009 "criminal law amendment(seven)" formally adopted and promulgated and implemented.One of the 388 th new articles in the criminal law is added as one of the 388 th.After two year in October announced the "charges of supplementary provisions in additional terms to determine the new charges,which influence the use of bribery charges and counts,from the expression are improved and supplemented.So far,the use of influence bribery is one of the highlights of the amendment(seven)amendment,it is the first time explicitly set up the use of influence bribery.Obviously,this is a significant improvement of China's criminal law ",is a significant progress in the legislative level,and will fundamentally change China's currentanti-corruption ineffective,endanger social stability and unity of the situation,we should give high recognition and publicity.However,the provisions of the scope of the subject,the objective behavior of the crime and the understanding of the elements of the application of the relevant judicial interpretations have not yet been made clear.Such as "improper interests" of the analysis of the definition of the so-called "close people" and how to distinguish between the screening of the national staff and relatives of the common bribery and how to prove?To effectively achieve this effect to the regret of congenitally deficient charges against crime and criminal punishment of the objective function,but also directly undermines the seriousness and authority of the criminal law of our country,the practice has been puzzling problems in the judicial determination of the crime,caused the judicial practice difficult to apply the charges finalized.Therefore,this article in accordance with the basic elements of our criminal law the principle of legality and criminal requirements,make a clear definition and analysis of the applicability of the relevant provisions of the crime in the legal language is not strong,so as to influence the use of bribery and bribery,national staff and relatives of the common crime of bribery,bribery,even is a crime,the crime of dereliction of duty and other relevant and concurrence charges of distinction,the influence of bribery crime is a comprehensive,systematic study.The correct application of law is the basis of criminal judicial conviction,is also the main basis for the appropriate sentencing,this article mainly on legal norms and regulation of the charges to look properlyin the judicial practice in different poses and with different expressions of this major problem,both in the theory and the judicial practice should be enough attention to be solved,in order to adapt to the crime form complicated requirements and break the fight against corruption ineffective situation.To this end,this paper will be based on the constitution of crime,starting from the theoretical analysis,to analyze and explore the practice of the case as a guide.To this end,this paper will be based on the constitution of crime,starting from the theoretical analysis,to analyze and explore the practice of the case as a guide.This is the important part of the analysis,from the definition of influence,improper interests,property acquisition and the amount of the plot as well as in-depth discussion.The last question is to use the influence of bribery and related charges for confusing comparative analysis,in order to better grasp the judicial cognizance standard,solve the judicial application the problem of the crime.