A Study On The Composition Of The Bribery Of Influential People

With the continuous development of China’s political,economic,social,the relationship between the various subjects of society is becoming more and more complicated,at the same time,there must exist the problem of corruption,some of the new breed of new forms of bribery,and the subject has been to some "influential"personnel outside the national staff of the extension,which makes the China’s criminal law norms before the vacancy occurring in punishing such behavior.The sixteenth meeting of the Standing Committee of Twelfth National People’s Congress on August 29,2015 formally adopted the "People’s Republic of China criminal law amendment(nine)","criminal law amendment(nine)" in forty-six added a bribery crime,and the criminal law in 390th,as one of 390th,this crime is called on the influence of the crime of bribery".The criminal law amendment(9)provides for the offence of bribery by influencers,Among them on the one hand is to adapt the reality of our country in the fight against the complex corruption crime,on the other hand is in the effective implementation of the "United Nations Anti-corruption Convention" for the establishment of the national obligations,so the "criminal law amendment(nine)"added to the effect of the crime of bribery.Due to the introduction of amendments to the short time,theoretical research and practical experience about this crime is not mature,the influential people bribery crime although it belongs to a kind of related theories are discussed,but for the suitable conditions of the understanding and justice constitute the crime of bribery crime mostly can be combined with traditional.Yet people for traditional bribery crime constitutive requirements,specific standards,and so on in the legal theory and judicial practice has been controversial,components for these disputes will inevitably lead to this crime in using traditional bribery crime existing in understanding and recognition have different standard,In this way,you need to us on the basis of the existing legislation to this crime constitutions to understand and grasp the further in-depth and detailed analysis of the research.In this paper,the main content is about four parts:The first part:Guided by the traditional theory of bribery crime,under the current legislation on bribery crime on the basis of constitutive requirements specification,elaborates the general situation of the constitutive requirements of the legislation of this crime,and combining the traditional and the traditional view of constitutive requirements of crime of bribery crime of the constitutive requirements of fist.The second part:First chapter in this paper,the components of this crime from the Angle of current legislation,the current situation of basic theories of traditional bribery crime after combing,this part focuses on the constitutive requirements and object of the crime subjective aspect and objective aspect of the composition is analyzed,combining with the particularity of this crime is pointed out that the current legislation under the provisions of this crime constitutions the unreasonable places.The third part:In the second.part of the article,the author makes a correct understanding of the constitutive elements of the crime,and then,after analyzing the problems in the legislative level,according to the specific problems,combined with traditional bribery crime and the particularity of this crime,according to the constitutive requirements of crime problem put forward the authors own some legislative Suggestions.