Trading In Influence

Trading in influence is a new offence defined by United Nations convention against corruption. This offence is somewhat different from the other bribery-based offences defined by Criminal law of the people's republic of china, though the nature of bribery is the same: trade .its is different in the subject and the form of behavior etc. Actually, criminal law doesn't define trading in influence such as the bribery of abusing social power or personal power in our country. That cause that judicial officer apply to law out of order. It is realistic significance that studying trading in influence to complete the system of bribery offence, combat corruption and build a good government.Now criminal law define amply the bribery which subject is state functionary, that is to say, it ignore the bribery of non-state functionary who except employer of company or enterprise; As we all know, judicial officer have different opinions about"take advantage of his own functions and powers or position"in practice too, this problem above all lead to the incompletely construction of system of bribery offence and the ambiguous content. In fact, the state power is no longer a supreme power today, the subject of power becomes plurality, owner of power isn't limited to state functionary, so bribery of society power owner is constantly going up. And criminal law doesn't define the bribery of abusing personal power, because"his own functions and powers or position"defined in Article 388 can't include the power derived from personal element but not duty's element. This non–traditional bribery not only destroy the economic order, but also infringe the system of social metal's balance. Furthermore, the person trade his real or supposed influence, which can influence on the natural activity of officer, enterprise, non-governmental organizations, in exchange for an undue advantage from someone seeking this influence. It indicates the criminal intent. The unifier of subjectivity and impersonality means trading in influence has serious social harmfulness. The author suggests criminalizing trading in influence.