On The Lack And Its Perfection Of Legislation Of The Subject Of The Crime Of Using The Influence In Bribes

"Using the influence in bribes" is created after our country joins the United Nations convention against corruption(hereinafter referred to as the convention), for practicing, its obligation under the convention, which is the new sin by the law of the People’s Republic of China criminal law amendment(7). The setting of the subjects exist certain differences between this crime and "the crime of influence trading" ruled by the convention. "The crime of influence trading" in the convention will set the main body of important subject in a crime as general main body, and use influence bribery to divid object factor into "close relatives", "close person", " leaving state functionaries", this crime appeared unsatisfactory, especially for its definition of the main body of important subjects in a crime the academic circles and judicial circles widespread controversy. Legislation stipulated three special subject including "close relatives", "close person" and "leaving state functionaries", but for unknown of its rule,academic circles and judicial appeared interpretations. At the same time, "state personnel", "specific participant" crossed by the three subjects in this crime, which created the uncertain of crime subject connotation, unknown of extension cross,contradict of legal terminology, the missing of main body of legislation defects. In view of this, by studying bribery generating principles with philosophical methods this article analyzes the nature of crime, comparative studies the legislation of different law countries（regions） on abroad. Combined with other legislation of overseas advanced countries（regions）, major countries（regions） of two important legal systems and the convention abroad are generally in consistent, which make act as a key of conviction and make the subjects of this crime in general. While our country takes main body as well as the act to define the conviction, which artificially increases the special subject.The difference between convention and overseas legal system on the legislation of the subjects of this crime caused the legislation of this crime’s subjects insufficient and some judicial case difficult to apply The reason of the lack of legislation is not only the national condition and traditional factors but also the, theoretical controversy.Therefore, on the background of adding the "use influence bribery", on the basis of analyzing the subject of this crime, aiming at the lack of legislation, and combing with China’s specific national conditions, this article proposed own view from the short-term and long-term legislation.