The Legislative Effectiveness And The Perfect Path Of The Crime Of Acceptance Of Bribes Through Influence

One crime is added to the Amendment VII to the Penal Code,namely,the Crime of Acceptance of Bribes through Influence,which aims to address the increasingly serious problems of bribing people close to state workers.However,after several years of application,it is very rare to use the the Crime of Acceptance of Bribes through Influence to declare somebody's guilty;at the same time,due to the lack of theoretical basis for the constitution of the crime,it is difficult to operate,and easily confused with other types of bribery,thus the crime can not be accurately applied in the judiciary by case handlers.Therefore,there are many problems.This paper intends to expound on the difficulties existing in the practical application of the Crime of Acceptance of Bribes through Influence and the ways to solve them from five aspects:Part One,Introduction.It mainly introduces the research background,purpose and significance of the current Crime of Acceptance of Bribes through Influence,and the research methods adopted in this paper.It discusses the current research status relating to the Crime of Acceptance of Bribes through Influence and the innovation of this paper.Part Two,Overview of the Crime of Acceptance of Bribes through Influence.It discusses the legislative background,purpose and legal basis of the Crime of Acceptance of Bribes through Influence.Then it analyzes the crime form and the constituent elements.Part Three,Elements of the Crime of Acceptance of Bribes through Influence.Part Four,Problems and dilemmas in Practice.it mainly discusses the problems of law application and practical implementation.Part Five,Development Path of the Crime of Acceptance of Bribes through Influence.Based on the above,the author points out the development path of the Crime of Acceptance of Bribes through Influence,and clearly defines the main body of the crime,and suggests combining the Crime of Mediating Acceptance of Bribes with the Crime of Acceptance of Bribes through Influence.