Research Into The Judicatory Cognizance Of Problems On The Crime Of The Use Of The Influence Of Bribery

The crime of the use of the influence of bribery is a new offense by the provisions of the criminal code amendment 7 in the 7th NPC standing committee passed at a meeting In the February 28, 2009.As China's anti-corruption efforts of the growing, the crime of taking bribes under the provisions of China's criminal law can not effectively curb the national staff of close relatives and people close to the phenomenon of bribery. The addition of the crime of the use of the influence of bribery is to fill the gaps in this legislation. The thesis constitutes a crime of the use of the influence of bribery from the analysis of elements. For the theory of criminal law in the issue in doubt, discussion of the problem from the objective aspect of crime and the main of the crime and the subjective aspects of crime and so on.Besides the introduction, this article discussed the problem from the following six parts. The introduction part mainly introduced the selection of subject background, the significance of the study, and research methodology used in this study and so on. The first chapter analyzes the objective aspect of the judgment of the crime of the use of the influence of bribery. The second chapter analyzes the main of the crime aspect of the judgment of the crime of the use of the influence of bribery. The third chapter analyzes the subjective aspect of the judgment of the crime of the use of the influence of bribery. The fourth chapter analyzes the crime stop modality aspect of the judgment of the crime of the use of the influence of bribery. Including the analysis of the suspension of this crime and the criminal is attempt modality. The fifth chapter analyzes the joint crime aspect of the judgment of the crime of the use of the influence of bribery. The first part analyze the personalities collude with government workers to make joint crimes. The second part analyze the personalities collude with government workers to make joint crimes of bribery. The sixth chapter is about the crime of accepting bribes in the number of morphological analysis. At the first pairs distinct the significance of the number of the crime of accepting bribes, and then discusses the standards of the judicial application of the crime of accepting bribes in the number.