Research On Some Theoretical Problems Of Using The Influence Of Taking Bribes

In order to meet the need of the development of the times,the new trend of international anti-corruption struggle,combining with the judicial status in our country,China's "criminal law amendment VII" in introduced to use the influence of bribery,in order to curb the rampant corruption crimes in the new period.The new law will cause extensive attention,along with the "criminal law amendment VII" promulgated,to use the influence of bribery has become the theoretical circles and practical circles hot charge.The influence of bribery crime is into use,international background and domestic causes profound,practical significance and theoretical value are very important.The crime was significantly different from the previous bribery charges,to a certain extent,is the "Convention" in "the crime of trading in influence" transplantation is obviously different,but also with the "crime of trading in influence" exist,expanded the bribery crime of bribery crime in the existing system of the scope of the subject,a certain sense is the breakthrough of theory of criminal law.However,this crime still exists defects in some aspects: elements of the subject of crime,objective aspect is dispute also need further clarification,and mediate bribery crime may cause the concurrence,and complicity in the crime of bribery and the crime of introducing bribe confusion,there is no clear and specific provisions for the "other serious circumstances".These all need further study to perfect the legal circles.This reference to the existing literature,the combination of different theories,makes a brief analysis of influence using bribery.Through this paper,to use the influence of bribery more comprehensive understand and grasp,proposed own shallow view on some issues,hope for the birth of not too long in the legal interpretation,judicial application of crime,perfection of legislation progress a little of his own modest force.This paper consists of three parts:he first part is mainly about the bribery crime by the influence of the background and the elements of the understanding,this part consists of two sections.The first section combined with the international anti-corruption situation and China's anti-corruption situation introduces background,bribery crime by the influence of the necessity and value;second section elaborated this crime subject element,subjective elements and objective elements from the judicial point of view,because the crime object is the object of legislation more need to be considered,so this paper does not object to do too much introduction.On the subject of crime elements,focusing on "close relatives" range,the author argues that the present stage reference "civil law" in the provisions on "close relatives".The elements of the objective aspect mainly introduces "impact",and the "request for dishonest trustees property","to seek illegitimate interests","property" in these less controversial issues is briefly introduced.The second part mainly about several questions of this crime should pay attention to in the judicial practice,this part consists of three sections.The first section describes the use the influence of bribery crime and bribery crime relationship,emphatically introduces the difference,using the influence of bribery crime and mediate bribery crime and discrimination of the scene and several approximate joint bribery.The second section describes the relationship between using the influence of bribery and the introducing bribe crime.The third section introduces the problem of jurisdiction to use the influence of bribery,the author thinks that the bribery crime by the influence of the jurisdiction by procuratorial organs.The third part the author reference and use the influence of bribery is most close to the bribery crime,puts forward some ideas for further perfecting the legislation of bribery crime by the influence,this part is divided into four sections.The first section is proposed to be the "close relatives" to "relatives" concept,to expand the subject of the crime of crime,this crime against officials further play "side" effects.The second section proposes the conception of the crime of aggravated offence cases increased,the crime will and mediate bribery crime confusion and competing situation,one of the most aggravated circumstances of this crime is people relationship will have national working identity,can solve this problem.The third section presents the idea strike for bribery,this formulation is also in academic circles generally claim,there are three main briber an important part of the party,great for the crime of "contribution",the prevention of crime and punishment requirements need to be based on the principle of fairness,of the briber must be punished by others influence force.The fourth section reference standard and amount of grade filing bribery,put forward for the crime of huge amount of large amount,and the amount involved is especially huge and "other serious circumstances" concrete idea.