Discussion On The Crime Of Taking Advantage Of The Influence Of Bribery

The use of influence bribery is a crime added in the amendment of criminal law(seven)of China.The implementation of this crime has filled the corruption of the "people around" the state staff and the state staff who have already left the state to abuse the influence of bribery.The promulgation of this crime is not only the requirement of our country as a member of the United Nations Convention against corruption,but also a positive response to the increasingly serious and complicated problem of bribery corruption in our country.It also embodies the new formation of the construction of the rule of law in our country.Although there are still many loopholes and gaps in the criminal legislation,especially the bribery crime in China,the legislature in the member states of the United Nations Convention against corruption soon enacted the new crime of taking advantage of the crime of accepting bribes,so that the criminals who have been trying to avoid the loopholes in the law will face legal sanctions,which is to be maintained.The interests of the state and the authority of the criminal law are of great practical significance.The first chapter of this article first introduces the background of the country's promulgation of the crime and the reasons for the domestic and foreign countries.It shows that the problem of corruption is becoming more and more serious in our country,in order to reshape our country's social style,and to punish the state workers to take advantage of the crime of duty and to take bribes or bribes to the people around them as well as the criminal sanction.In.It also introduces the new changes in the way of accepting bribes in China's senior officials and their relatives,and the serious harmfulness that the "family type corruption" has brought to the party and the state shows the serious anti corruption situation in our country.In addition,the international community is also faced with a serious anti corruption situation.As a state party to the United Nations Convention against corruption,China's participation in the construction of global anti-corruption conforms to the national strategy as well as the contribution made to the international community.The increase of the use of influence bribery is not only the remedy and improvement of the vacuum zone of bribery crime,but also the legal support for the judicial organs to investigate and judge the criminal suspects in practice.The second chapter of this article,through the analysis of the constitution of the crime,introduces the object of the crime,the subject of the crime,the objective aspect of the crime and the subjective aspects of the crime.Focusing on the subject of the crime,it focuses on the "close relatives","closely related people" and the controversial issues involved,and puts forward his own views.About the object of crime,it introduces the relevant theories and theories in the criminal law field abroad,as well as our viewpoints and personal views.Concerning the objective aspect of the crime,we mainly discussed the understanding of "influence".The third chapter introduces the comparison of the distinction between the crime and the non crime by comparing the nature of the crime of bribery and the judicial cognizance between the crime and the crime of bribery,and the crime of accepting bribes.In our country's criminal law about bribery crimes already existed in many kinds of bribery,how to interpret the new law and how to clearly divide the boundaries of various crimes is very important for the judiciary to apply the law correctly.The fourth chapter mainly illustrates the shortcomings and contradictions of this crime in practice.The main defects of the crime include the vague expression of the related concept of the crime,the lack of specific judicial interpretation on the sentencing,the lack of operability in practice,the excessive discretion of the judiciary in other ways,and how to improve the corresponding problems.In the conclusion,in the face of the increasingly complicated and severe corruption situation,how to contain the close relatives around the officials and the illegal and criminal offenses related to the closely related people,put forward their own suggestions,based on the national conditions of the country,and look around the world and learn from the excellent experiences of other countries,in order to further strengthen the punishment of bribery crime.We hope that we can play our due role in the fight against corruption and push our country to achieve greater results in the fight against corruption.