Research On The Subject Of The Use Of Influence To Bribe-taking

Bribery crime is very common in the whole world. It harms to normal social order and hinders social development severely, so it becomes the aim that many criminal laws even the international world fight against. Recently our country attaches much importance to anti-corruption construction and makes it the most important work. By various laws and regulations, our government strengthens the power to fight against corruption. There have great achievement and breakthrough in our anti-corruption work. However, we still have many difficulties to deal with. Nowadays, the forms of bribery crime are different from the old ones. They become new and hidden day by day. The rates of case, in which national officials use their authorities or take advantage of authority even status to commit bribery crime, declines gradually. Instead, bribery crimes committed by "the closely related" are rampant. They take advantage of the influence to the national officials to seek personal interest by helping others to get unfair interest. Furthermore, some national officials deny the fact of accepting bribes in order to avoid the punishment of the law and shirk legal responsibility by making "the closely related" scapegoat. It is very difficult to regulate the new forms according to the established laws and norms. So in order to meet the needs of judicial practices in reality,<Criminal Law Amendment (seven)> adds many new criminal charges including the use of influence to bribe-taking. However, as a new crime, it is natural to draw lots of attention from the judicial world and academicals. Especially the dispute and doubt about subjects of the crime between experts and scholars produces the upsurge to research the shortage in legislation. On the background of the addition to the crime, the thesis analyses subject of the crime, then finds out the shortages of clause and gives some suggestion to improve.The first part is the outline of the crime. The content includes domestic legislation of bribery by taking advantage of influence, international background and the necessity to enact it into the law.The second part is the comparison and analysis of the subject of the crime. Firstly, it introduces the provision in <United Nations Convention against Corruption>, and then the provision of other countries, including Civil Legal System and Common Legal System. The third is the provision in Hong Kong and Macao.The third part is the provision in our country and legislative shortage. It includes two parts:first, it introduces the five types of the subject, especially some subjects that difficult to judge:the first is range of close relatives; the second is "the closely related"; the third is whether national staffs can be the subject of the crime; the fourth is identification of united crime. Then is about the legislative shortages:the first is some concept lack clarity; the second is strict identity restriction; the third is lack of control to crimes committed by units.The fourth part is some suggestion to improve in legislation:the first is making "influence" as the essence of the crime; the second is connection the domestic law with <United Nations Convention against Corruption>; the third is introduction legal interpretation to make the concept clear; the fourth is establishing the means of investigate close relationship.The fifth part is conclusion. It is based on the analysis of the above four chapters, and then sums up the contents of other chapters.