Of The Judicial Cognizance And The Legislation Improvement Of Using One’s Influence To Bribe

The 7th amendment of criminal law defines the bribery crime of influence. This regulation not only conforms to the actual situation of anti-corruption in our society, but also connects with the international community. This regulation can be regarded as the duty of the member states of the United Nations convention against corruption. The addition of this crime can make contribution to fighting against the crime and enhancing the omission in legal process which is because of legislation. This has characteristics of the times and practical significances.The paper makes a brief introduction of the bribery crime of influence. Through analyzing the social background and legislative motivation, it analyzes the value of the use of legislation and practical significance. The paper interprets the basic concepts of crime, discussing the influence of several aspects surrounding the use of elements of the bribery crime of influence. It points out that the main of this crime should include the following five personnel, and analyzes and compares difficult concepts about close relatives and imitate people of national staff as well as retired national staff, etc. It points out that the subjective aspect of this crime should be intentional and a direct intentional through theoretical analysis. It notes that the legal interest against the law should be beneficial legitimacy national staff positions behavior. In the objective aspect of crime, the object of the study focuses on analyzing the meaning of the concept of "the use of influence". In order to more clearly understand the bribery crime of influence. This paper make comparative analysis of the limitation between the crime of accepting a bribe using one’s influence, bribery crime and crime of introducing bribe understanding of the crime and the basic overview and the basis analyzing for the offense constitutes a crime of the emphasis. Additional cases were described in the form of a comparative conclusion. This paper analyzes the complicity form of the characteristics of this crime based on the impact and features of legislation on bribery crime system from a different perspective analyzes and interpretation. It analyzes suspended form of the bribery crime of influence by the comment of the theory. This paper argues that as long as national staff grant one’s request and exercise authority improperly, which constitutes accomplished offense of the bribery crime of influence.This paper always serves as the focus of legal practice to investigate crimes constitute the crime and other related issues from different angles and levels so as to provide valuable theoretical insights for legislation and justice practice in the future.