Study On The Related Identification Of Bribery Crime Of Influential People

In 2009,China promulgated the seventh amendment to the criminal law of the People's Republic of China,increasing the crime of taking bribes by using influence.However,the regulation of this crime has not been made at the same time it has a partnership with the bribery charges.As of August 29,2015,China has issued the amendment to the criminal law of the People's Republic of China(ix),which stipulates the bribery crime against influential people.The crime itself,the implementation of a relatively short period of time,the criminal law is still a shallow study on it,there are still some problems in the identification.Of course,the formulation of bribery crime against influential people is the embodiment of the perfection of China's criminal law system,which shows China's firm determination to combat bribery,and is of great significance to promote fairness and justice and fight against corruption.In addition to the introduction and conclusion,this paper consists of four chapters:Chapter one: discusses the significance of establishing bribery crime against influential people.From the social development reality as well as the theory level examines.First of all,the stipulation of this crime is not only for the consideration of the value of criminal law system,such as the theory of criminal offense and the protection of legal interest,but also for its important social origin.This part is based on the interpretation of "economic man" theory,analyzes the reasons for the bribery of influential people,and expounds the important social foundation behind its establishment.Secondly,the second section from the perspective of the basic theory of criminal jurisprudence to establish the crime necessary to be demonstrated in detail.Chapter two: the specific determination of bribery crime against influential people.Since it is relatively easy to identify the subject of this crime,this chapter will not be redundant.This chapter mainly analyzes the protection of interests of the crime,the object of bribery and the scope of bribery,which are easy to have differences,hoping to make a lingering contribution to the determination of this crime in the specific judicial practice.First of all,the purpose of the criminal law is to protect the interests of the law,understanding the legal interests of the bribery crime of influential people is helpful to understand the essence of this crime,is the most intuitive standard to judge whether it constitutes the crime.In the first section,the author elaborates on the author's own views through the comprehensive evaluation of many theories of the protection of the interests of the crime.Secondly,in the second section,the author explains the bribery object of this crime by analyzing many viewpoints of scholars and combining with the basic principles of criminal law,delimit its specific scope,and solve the defects of unclear stipulation of briberyobject of this crime.Finally,the scope of bribery has always been the focus of the study of bribery crime.Chapter three: a comparative study on the extraterritorial legislation of bribery crime against influential people.This chapter adopts the method of comparative study,from the international treaties and relevant domestic law and China's criminal law to compare,to explore.Specifically,the United Nations convention against corruption,the European commission's convention on criminal law against corruption and the African union's convention on the prevention and fight against corruption are selected as typical representatives in this paper.In domestic law respect,cent is 3 administrative levels.First,by comparing the provisions of the new criminal code of France on this crime,this paper analyzes the rationality of the article itself and puts forward the author's own opinion.Secondly,through the study of the specific charges under the bribery crime stipulated in the Japanese criminal code,the author expounds the specific treatment path in the judicial practice of bribery against influential people in Japan,hoping to enlighten the criminal legislation in China in the future.Thirdly,combined with the relevant provisions in the model criminal code of the United States,especially its standards for the identification of bribery objects,it is of great significance for reference and a deeper and comprehensive understanding of this crime.Chapter four: this chapter focuses on the specific problems in the judicial practice of this crime and the above research and discussion on the identification of this crime.Based on the theoretical knowledge learned,this chapter puts forward reasonable Suggestions.The first part firstly expounds the current judicial status of this crime,and deeply analyzes the root causes of these problems in practice.The second part combines the third chapter of the convention and the legislative experience of developed countries to elaborate the specific solution path.Of course,the author's own legal research foundation is still shallow,the article inevitably has some improper,hope scholars add correction.