Study On Several Problems Of Bribery By Using The Influence

As the first global anti-corruption legal documents of the United Nations Convention againstCorruption (hereinafter referred to as the Convention), article18th clearly states was guilty of trading ininfluence, Under the influence of the Convention, other international anti-corruption culture around theworld have similar provisions of the Convention, for example, the Council of Europe Criminal LawConvention on Corruption, the African Union Convention on Preventing and combating corruption, such asthe Organization of American States convention against corruption. Amendment Ⅶ to the Criminal Lawof the People’s Republic of China prescribes “using the influence of bribes” which stipulates any non-statefunctionary who, by taking advantage of their influence, extorts money or property from another person orillegally accepts another person’s money or property in return for securing benefits for the person.This regulation fills the main scope of criminal law scholars have been long-term exploring the crimesof accepting bribes and a new formal problem of corruption punishable omissions which is caused byjudicial practice because of legislative restrictions, and has a distinct characteristic of the times. Prior to this,the58th UN General Assembly considered The United Nations convention against corruption（UNCAC）,article18of this convention stipulated influenced trade crime. China joined the Convention in2005. Inorder to comply with the Convention, China’s article13of criminal amendment Ⅶ set the “using theinfluence of bribes”.The regulation strict the net of justice on the one hand, better able to define the crime, against briberycrime, meet the needs of social development, to safeguard the social order and stability of our country, onthe other hand, to achieve the commitment for UNCAC, full exercise its function. The “using the influenceof bribes” is a new charge, new charges introduced have progressive meanings, in the statement of thishave many vague and imperfect, and therefore how to correctly understand and grasp this new law,criminal law scholars have different viewpoint. If we can further analysis on the basis of the issuesinvolved in comprehensive in-depth discussion and research, to get the attention of the legislative andjudicial branches, and to guide judicial practice, there will certainly be theoretical and practicalsignificance. The paper always focuses on service law practice, refers to the current theoretical results andcontroversy on the offense, uses comparative methods and the methods of the system to explain, as well asanalyses by synthesis, and strives to investigate the crime constitute and other related issues from differentangles and at different levels, to provide a reference for future legislation.This article is divided into four parts:Chapter one provides the using influence of bribes’ overview. First, this paper explores legislationmotivation of the using influence of bribes and explains that the purpose of incrimination of the usinginfluence of bribes is not only to make better integrate with The United Nations convention againstcorruption but also to meet the realistic need in our country. Second, this paper analyses the using influenceof bribes’ legislative value. It makes the existing bribery crime in our country had more strict law regulating.It also has important complementary role.At the same time, it also complies with the international trend inorder to maintain the advanced nature of the legislation.Chapter two rounds the object of the influence of taking bribes constitutes to launch discussion. Icombine different views of the domestic criminal law scholars, and discuss through comparative analysis,and think that the object of the influence of taking bribes is the behavior of national staff positions.Chapter three mainly focuses on the explanation of making use of influenced subject of bribery. Firstly,I set forth the nature of crime of influence bribery subjects detailed and think that the subjects of this crimeare general subjects. Secondly, the definition of “close relatives”,“close relevant person”,“special relatedperson”,“leaving state personnel”, the similarities and differences between “close relevant person” and“special related person”, other related problems are analyzed. Finally, the identity competing regulatoryissues of crime subjects are analyzed, considering that state functionaries can be the subjects of this sin.Chapter four begins discussion on the objective aspect of using the influence of bribes. I explain thisissue from several aspects such as using the influence to seek illegitimate interests for another person,extorting money or property from another person or illegally accept another person’s money or propertyand having other severe circumstances. First, this chapter discusses the “influence” on the connotation. Itconsiders that the influence can be divided in non-power influence and power influence from the content.