The Constitution And Judicial Cognizance Of Bribery Crime By The Influence

The crime of influence-using bribery is a new offense determined by the CriminalLaw Amendment(7) in February28,2009. Then, many legislative and judicialinterpretations have been introduced, and scholars have conducted research whichproduced a lot of writings and literatures. However, due to the uncertainty of the laws andthe conflict between the legal documents, especially the blank and differences of crimesconstitute and accomplice, making the judicial practice encounters many problems. Thisarticle is designed to explore the constitution and identification of the crime ofinfluence-using bribery to make up for the defects of legislation, combining myexperience in judicial practice.This paper is divided into six parts. The first chapter gives an overview of the crimeof influence-using bribery. First, it discusses the legislative background of this kind ofcrime, mainly introduce influential transaction crime in the “United Nations Conventionagainst Corruption” and the reality of judicial practice in China, followed by analysis ofthe legislation value of this crime. The second chapter analyzes the object of the crime ofthe crime of influence-using bribery. Chapter III discussed the objective aspect o f thecrime of influence-using bribery. It is divided into three parts: the behavior, seekingillegitimate interests, the amount of plot. The fourth chapter analyzes the subject of thecrime of influence-using bribery. The concepts of close relatives, closely related peopleand departed national staff are defined. The fifth chapter discusses the standards ofconstituting the crime. Chapter VI is concerned with the identification of the criminalpatterns of the crime of influence-using bribery, the first part is the analysis of the criminalpatterns, including the accomplished offense, attempted offense and aborted offense,followed by the study of joint crime. The last chapter makes a distinction between thecrime of influence-using bribery and related offenses, mainly the common bribery,mediation bribery and introducing bribery. When defining the different crimes, we shouldfocus on the subject, objective behavior and the object of the crime.