On The Use Of Influence On Bribery

In order to respond to the new trends of the crime of bribery, combat novel bribery, and difficult to define bribery, in2009, China announced the Criminal Law Amendment (VII), in which the provisions of Article13says that to add one more after Article388and as Article388. In October2009, the Supreme People’s Court and the Supreme People’s Procuratorate defined this crime as influence taking bribes, which is an important milestone of bribery crime legislation. Due to the shorter time of the announcement and implementation, there is no unified conclusion in both theorists or judicial practice. The author try to discuss the difficult problems of the influence in three parts, and then to deepen understanding and application of it.The first part is the constitution of influence taking bribes. As the same with other crimes constitution, this crime constitutes by the criminal subject, object, subjective aspect and objective aspects. The subject of a crime, including close relatives or the people with close relationship of national staff, national staff departuring, close relatives or the people with close relationship of national staff departuring. The paper will make comparative analysis in the controversial words such as "close relatives","with close relationship", and" national staff departuring "etc., which will conclude that the subject of a crime is either non-national staff or national staff. To the aspect of the object of the crime, through a comparative analysis, the author believes that the object of the crime is a complex object, which not only harms the integrity of the national staff positions, and also undermines the fairness of the national staff. The subjective aspect of this crime is understanding of factors and will factor of the the direct intention perpetrator. Objectively, this crime includes favorable conditions for the trustees to seek illegitimate interests, soliciting or receiving property amount larger or the other heavier plot elements because of the terms of reference or the status.The second part is a comparison between this crime and other related criminal charges in the Criminal Law. The chapter II compares the difference similar criminal charges such as influence taking bribes and taking bribes, mediation taking bribes, introduction taking bribes and accomplice of taking bribes etc., so as to better understand the influence taking bribes.The third part is a number of legislative proposals that how to improve the use of the influence taking bribes from the author. There have been no legal or judicial interpretation about the influence taking bribes in China so far. The author will give additional discusses about expanding the scope of criminal subject, the legislation to punish to the bribery, perfect the standards of this crime,in order to the improvement on bribery in influence。...