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Using the influence of the crime of bribery

Author: ZhuYouFa
Tutor: LuoXiang
School: China University of Political Science
Course: Criminal Law
Keywords: Influence Bribery Close relatives Close people Perfect
CLC: D924.392
Type: Master's thesis
Year: 2011
Downloads: 210
Quote: 0
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Abstract


Use of influence bribery was \Supreme People's Court, Supreme People's Procuratorate issued in the near future \This offense is the new social environment to adapt to the reality of the current anti-corruption work needs increase. Owing to time constraints, the charges theoretical research and practical experience are not perfect. Criminal law circles around its subject, object of the crime, crime subjective and objective manifestations of a fierce discussion, contending, all into one group, can not be reached on many issues consistent understanding, raises more confusion to this offense . In this paper, using the influence of bribery of domestic and international background of perspective, and reviews the historical perspective of the evolution of the body accepting bribes, the law on the crime of the main provisions of abstract blur made a detailed statement, a comparative analysis of this crime and other similar elements of the crime on the similarities and differences in order to have this new offense clearly defined, and finally based on the correlation of this article discussed the influence on China's use of bribery to further improve the legislation put forward their own proposals. The first part, the use of the influence of bribes in the background, this part mainly analyzes the bribery of domestic and international background background. Currently there is a new crime of corruption phenomenon, national staff around them to use their influence crime of bribery intensified, so the state introduced the \Back in 2000 the international community, the 58th plenary meeting of the UN General Assembly passed the \The second part, the use of influence in defining the subject of bribery. This part of China since the founding of the first review on Briber the history and scope of the subject found that bribes have growing trend. Secondly, the current law \The same as the national staff in a close relative or close people use their non-power influences, through the national staff of duties as trustees to seek illegitimate interests, constitute the use of influence bribes. The third part, influence, authority or position with the convenience of comparison. From the perspective of criminal law, the concept of influence: in dealings with national staff, a person has to affect and change the psychology and behavior of staff, allowed for the job behavior or behavior is not necessarily capability. Influence can be divided into powerful influence and non-power influence in this crime, we only discuss the non-power influence. \relations, constitutes a general bribery. The fourth part, the use of influence and other charges of taking bribes comparison. This section will use the influence of bribery and similar offenses such as common bribery, bribery mediation introduce bribery, bribery accomplice, non-national staff in the elements of the crime of accepting bribes on a detailed comparison, they did find that there is overlap cross ties, to the right of the conviction and sentencing brought difficulties. The fifth part, the use of the influence of bribery Legislation recommendations. For the \So cumbersome and complex provisions in the judicial practice increases the difficulty of behavior identified. In other countries, learn from the corresponding provisions of the law on the basis of this crime, we propose to use bribery and influence mediation bribery merged to form the new use of the influence of bribery suggestions. Also, because of the bribery offense only requires a party to a crime, and as the initiator of bribery acts defined as criminal one did not, it is recommended that one bribery respectively Penal Code section 164 and section 389 shall be punished.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Corruption and Bribery
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