Using The Influence Of Taking Bribes

Increasing the use of influence bribery not only expands the scope of bribery crime,improves the system of bribery crime in China,but also conforms to the trend of anti-corruption in China and even the world.However,the crime encountered many difficulties in the process of application,mainly manifested as the subject and object scope is not clear.The main basis for the determination of the crime is different in criminal law.Many objective factors make it more difficult for judicial staff to collect evidence,what's more,the national staff and its " nepotism" around people reached an offensive and defensive alliance to find the law to set up a legacy of legal loopholes.The above reasons have hindered the application of this crime in judicial practice to some extent.In this regard,starting from the legislative background and the status quo of the use of influence bribery,through the definition of the scope of close relatives,close people and influence and other key terms,combined with their own judicial practice analysis of the advantages and disadvantages of the crime,and then further through the case analysis of the crime and the crime of bribery crime of common crime,fraud,mediation type of bribery and bribery are introduced to make a comparative analysis,finally from the overall point of view of the use of influence bribery legislative defects and improve the crime of three personal suggestions: first,clear the legal basis of the crime;Secondly,the introduction of the corresponding judicial interpretation to improve the legal provisions of the crime;Finally,we call on the relevant judicial organs to issue typical cases and give full play to the test value of cases.