Analysis On The Subject Of The Crime Of Taking Bribes In Influence

Bribery crime is an important manifestation of social corruption,and thus it is one of the public hazards of human society.After signing up the United Nations convention against corruption,Article 13 of the PRC Criminal Law Amendment Act(VII)specifically provides for the use of influence as one of article 388 of the criminal law,and legislation shall be adopted on accepting bribes from "the related people" of state staff.Although the crime was set up and perfected the law system of criminal bribery in our country,since the fuzziness of the conceptual regulation of the criminal subject and the lack of corresponding judicial interpretation which not only leads to many controversies in the theoretical circles but also confuses the judiciary.This essay elaborates from the legislative summary of the crime of influence bribery,the determination of the subject of crime and the suggestions to improve legislation in the crime subject.The first part of the article is mainly about the legislative summary of the crime of bribery using influence.Firstly,it introduces the historical foundation of China's establishment of bribery crime.By combing the rules of the ancient law on the bribery crime of relatives,it concluded that this kind of law presents the overall trend of the expansion and the aggravation of the punishment.Secondly,this paper introduces the practical basis of the establishment of bribery crime in China.On the one hand,because the increasing diversification and concealment of corruption,indirect power and money transactions are frequently,therefore,criminal regulations are needed.On the other hand,considering the goal of punishing bribery crime advocated in criminal policy in recent years,it provides a realistic basis for the establishment of this crime.Thirdly,the article introduces the United Nations convention against corruption and some countries of the law system as well as the relevant laws and regulations of Hong Kong and Macao.Through comparative analysis,it is found that in the legal provisions of the civil law countries,both France and Spain stipulate that the criminal subjects include the national staff,which is not stipulated in Italy.In Anglo-American legal systems,only Canada provides that legal persons can become the subject of such crimes,and the remaining few countries only require natural persons as criminal subjects.It can be seen from this that some relevant laws and regulations in some countries in the two major legal systems are different.However,they all fit in with the spirit of the United Nations convention against corruption and provide some reference and reference for the improvement of the principal provisions of this crime in our country.In the second part,the article introduces the subject regulation of bribery crime in China.Firstly,it introduces the problem of the identification of "close relatives" in the subject of this crime.For the scope of "close relatives",the Criminal Procedure Law,civil law and administrative law have different definitions.The author considers that the concept of "close relatives" should adopt the provisions of the Criminal Procedure Law from three perspectives: the adjustment object of law,the level of law and the modesty of criminal law.Secondly,the author introduces the identification of "close relationship" in the subject of this crime.On one hand,the author introduces the origin of the legislation of " close relationship ",and discusses that it is not simple to include relations but to cross relations with "special relationship people".On the other hand,when affirming " close relationship ",I think it should be based on whether the perpetrator has implemented the essence of "influence" instead of being limited to the formal explanation of "close relationship".Finally,the author introduces the identification problem of "departing national staff" in the subject of this crime.Tostart with,it analyzes that these kinds of subjects must have state power before leaving the job,and then specifically lists the ways of "resignation".What's more,it asserts that the " departing national staff" should attach it to the Civil Servant Law a certain period of restrictions,which strictly limits the scope of the main body to prevent the scope of the fight is too large.The third part is the author's Suggestions to consummate the subject of bribery crime.Firstly,it analyzes the question whether the national staff can become the subject of this crime.On one hand,from the dual perspective of the national staff,the author thinks that national staff can become the main body of this crime by using their non-power "influence" to other national staff when they are ordinary people.On the other hand,this paper analyzes the consideration of priority on theoretical judgment based on the influence of power when the two identities overlap.Secondly,the author states that this crime is not related to the crime of the unit.Based on the social harmfulness of the unit crime and the consideration of the behavior that cannot be included in the crime of natural person,the author thinks that the unit should be included in the main body of the crime objectively,and putting forward ways and suggestions on how to identify the crime committed by the unit.