Research On Judicial Application Of Using The Influence Of Bribes

Social transformation in China,Bribery crime get more and more complexity and concealment, New bribery crime increased, Close Relations using the functionary influence of bribes ascendant trend and without punished, which cause attention from all walks of life.《Amendments to the criminal law 7》Promulgated Using the influence of bribes. Bribery legislation gets more and more standard. The law applies to Using the influence of bribes become focus of attention by the experts and scholars; In addition it has important realistic meaning and practical value. This thesis research the following questions on the basis of research achievements of experts:What is the legal interest of Using the influence of bribes, How to define By using the position and functions of the form or position convenient conditions, What is the difference between Using the influence of bribes and Taking bribes accomplice. In this thesis author indicate that the legal interest of Using the influence of bribes is State functionaries duty behavior of justice. The two way of using the influence: Through position actions and Using the authority or position convenient form. Through position actions Includes three aspects:1、Duty behavior must be implemented by the state functionaries.2、Duty behavior must by the state personnel outside the doer.3、Duty behavior is according to the law or in the performance of the proper procedure in organization, leadership and supervision and management of public affairs. Using the authority or position convenient form means the situation of only by its use to the actor and the state functionaries of no subordinate position between relations. State functionaries who can constitute Using the influence of bribes, State functionaries party may also constitute the accomplice of bribes. Taking bribes accomplice reduced scope was established after new charge is formulated. Criminal facts dominate theory since The core role of joint criminal should be supported to distinguish Using the influence of bribes and Taking bribes accomplice in author’s viewpoint.