Talk About Our Country Bribes And Legal Regulation By Influence

Using the influence of bribes is February 2009 amendments to the criminal law of the People's Republic of China (7) established in "the new charges. China's criminal law system in its plays a very important position, the establishment of this crime in our country embodies the strict control corruption crime policy, reflects the needs of social development and practice, and actively respond to the "United convention against corruption and adapted to the main trend of international legislation. Use the legislation has important influence bribery in value and caused the judiciary and jurists attention, but this theory discussion also quite a shortage, there are lots of insufficiently thorough and meticulous and system problem. In fact, through comparative study combining with theoretical and practical analysis, we can see that our methodThe first part is the first chapter:mainly expounds the influence of our country "use bribes" concept and structure. This part of the bribes from using the influence with the United Nations convention against corruption, compared with rational analysis is introduced to use our existing laws, and the provisions of the influence bribery crime theories according to China's current general said -- "crime four elements" constitution theory, separately from the main body of crime, crime subjective and objective aspects of the criminal object, crime to this crime constitutions, discussed deeply for further define the boundaries of crime and other crimesThe second part is in the second chapter:and expounds the influence of some foreign use bribes, the investigation of the legal regulation of the relevant regulations. This part of comparative and international perspective, from introduce the international relevant legislative cases, including the "United against corruption" the related regulations, other regional anticorruption treaty, as well as the United States, Japan, France and Singapore and other countries of the legislation of our country law, in order to regulate have an inspiration and reference meanings. Especially in the comprehensive analysis of the provisions of the relevant international treaties and other countries based on legislation, summarizes the existing international treaties and other countries in crime legislation on the subject, the crime objective behavior, crime and criminal law indictment language characteristics of.The third part is the third chapter in China:mainly discussed the present situation and causes of bribes by influential, using the influence as a new charges bribes, and many other charges have this or that kind of contact, the theoretical research in very important significance. This part of bribes from using influence perspective, probes into the present situation of bribes research using influence realistic situation, this paper expounds the influence of bribes by deficiency, through the analysis of the causes for its use, this paper expounds the necessity and influence of bribes establishment inevitability.The fourth part is the fourth chapter: in China and proposes using the influence of the legal regulations of bribes suggestion. This part of our current legislation based on the above analysis, through to the use of bribes exist influence...