The Study Of The Use Of Influence Taking Bribes In Criminal Law

In recent years, corruption has become a problem plaguing the entire international community and become the political,economic and cultural development of the shackles. With the continuous of the economic development and the social interaction extensive, corruption in the worldwide getting worse and worse. In this case, the countries are strengthening cooperation in anti-corruption, and developed a series of conventions to combat corruption crime, such as "United Nations Convention against Corruption", "United Nations Convention against Transnational Organized Crime", "OAS Convention against Corruption," "the Council of Europe Criminal Law Convention against Corruption", "African Union Convention on Preventing and Combating Corruption." It is also a response to the current issue of corruption, our country formulate the use of influence taking bribes.Based on this, this article intended to refer to the content of the use of influence taking bribes in "Criminal Law Amendment (7)" Article 13 and the content of trading in influence crime in "United Nations Convention against Corruption," and France, Spain, on the impact of the Criminal Code.By comparison, semantic interpretation, analysis, empirical researching methods, I will compare the contents of these law with the use of influence taking bribes, and point out the deficiencies of current criminal law and put forward some proposals to complete the use of influence taking bribes. This paper consists of three parts:Part one:Using an overview of the influence of taking bribes. I analyzed the concept of influence and the use of influence taking bribes, accounting to theory,reality and the international background of three terms, I analyze-d the basis about setting the crime, then I elaborated on the elements of this crime. allowing people to correct distinct between crime or no, in this crime and other crimes, in the final I compared the use of influence taking bribes with accepting bribes, mediation of taking bribes and bribery crime.Part two:I introduced the contents of Trading in Influence of the "United Nations Convention against Corruption," and Japan, France, Spain, Singapore, Bulgaria and other countries,and by comparison with China's Criminal Law to analysis of these foreign advanced experience, at last I made a number of prospects.Part three:By studying the views of some scholars about the use of influence taking bribes, I comprehensivly analysised of the crime,and still existed some problems such as subject of crime narrow,lacking of clarity in defining concepts and so on. To solve these problems I learn from foreign legislative measures to solve the corresponding. At last,I hope the state departments develop legal interpretation as soon as possible, So that the new crime will early be used into judicial practice.