| Regarding the legal benefits of using influence to accept bribery,many scholars and practices believe that they do not have their own independent legal interests,but discuss under the spectrum of legal benefits of bribery.According to the legislation of our country,mediation of bribery is stipulated in the crime of bribery.It can be seen that the basis for the regulation of bribery in China lies in the identity of national staff rather than public power.Therefore,only the identity of national staff is used to influence bribery.Only when it plays a substantive role can the legal benefits of the crime of bribery be applied to the crime of bribery using influence.However,from the perspective of legislative purposes,criminal law interpretation methods,judicial practice,the principle of the balance of crime,responsibility and punishment,and social harmfulness,even the influential person 's act of simply accepting property should be regarded as an attempt to use influence to accept bribes.The identity of the national staff is not involved in the crime.It can be seen that the application of the legal benefits of the crime of bribery to the use of influence has a flaw in the crime of bribery.Specifically speaking,the fairness theory itself has irrationality,and the subject of the unpurchasability theory cannot be applied to the crime.The Fayi system is very chaotic.In response to the above problems,the author advocates that the use of influence to accept bribery has its own independent legal interests,that is,the public power is not profitable,and accordingly restructures the overall legal interests of the chapter on corruption and bribery.The proposal of this doctrine helps to solve the problem of imbalance between the current crimes of corruption and other crimes,and also provides theoretical support for more detailed punishment of corruption and bribery in the future. |
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