On the Bribery Crime by Influence
|Keywords||The use of influence and bribery Accepting bribes group Influence Closely related|
On February 28, 2009, the seventh meeting of the 11th Standing Committee of the National People's Congress adopted the Amendment to the Criminal Law of the People's Republic of China (7), Article 13 of the influence accepting bribes, as the Penal Code 388 one. The introduction of this crime, to conform to the needs of the new era of anti-corruption efforts, reflects the determination to punish corruption, and improve the system of accepting bribes group, has played a guiding role in the judicial practice is difficult to solve the embarrassing situation; also fit the United Nations anti- Corruption Convention \Theorists to the sin of the Key Element There are a lot of controversy, as some scholars have proposed to explain the criminal law should be the heart is full of justice, his eyes wandering between norms and facts. The author of this article is based on the existing laws and regulations, and learn from the experts and scholars research, in-depth exploration of the provisions and legislative intent, and strive to have a clear definition of the Crime of elements. The body of the paper is broadly divided into five parts: The first part discusses the legal interests of this crime. After a brief introduction of the crime of accepting bribes group, citing the theoretical perspectives of accepting bribes legal interests, and discusses assessment, combined with the nature of accepting bribes group of trading power for money to come to the violation of the law duty behavior can not be bought; listed Comment on this crime legal interests a theoretical point of view, the contrast discussed based on this crime law is a national staff functions and powers of purity, the purity of at least including the exercise of purity is not affected by the terms of reference and their duties are not traded pure. The second part analyzes the the objective constituent elements elements of this crime. On the basis of the specific meaning of the statute to restore, combined with the system of accepting bribes group, sub-normal elements, special elements, the amounts and circumstances discussed in three parts. General elements briefly two aspects of the contents of the property soliciting or accepting behavior and bribery; special elements analyzed how to use influence behavior by national staff positions, as well as the influence of who is who influence, which will influence subdivided into two categories of their own influence and the influence of others; clearly the amount and circumstances of the amount of plot as the generality of the nature of the punishment fits the crime and the specific function of this crime. The third part of the solution is the main problem of this crime has continued since the introduction of the discussion about the subject. This section is still drawn from the Viewpoints of the theory the main particularity with the special subject is different from the normal criminal law sense of this crime; national staff can constitute the crime of conclusion. And further define the closely related people, close relatives, leaving the scope of the national staff. The fourth part discusses the subjective aspects of this crime. Specifically described as trustees to seek illegitimate interests in the status of this crime, that it is a subjective elements over; improper benefits global see that, from the point of view of the Trustee is improper. The fifth part of the perpetrator and national staff Accomplice. Which is divided into the implementation of the co-perpetrator of the crime and other criminal acts; and outlines the basis and necessity for this crime to commit problem.