Talk about Our Country Bribes and Legal Regulation by Influence
|School||Huazhong University of Science and Technology|
|Keywords||Influence taking bribes Legal Regulation Accepting bribes Anti-corruption|
People's Republic of China in February 2009 by the Amendment to the Criminal Law of the People's Republic of China (vii) \Occupies a very important position in China's criminal justice system, the introduction of the crime of response to the United Nations Convention against Corruption \legislative value, caused by the close attention of the judiciary and the legal theory of theorists, however, this problem of many failings. Through all aspects of research and comparison can be drawn, our legal regulatory system compared with international other legal regulatory system in the criminal objective aspect, the object of the crime, the crime the main body, etc., also still exists with many needs to put forward legal regulation of recommendations . This paper consists of four parts: the first part: mainly elaborated the concept of China's \This part of accepting bribes from the use of influence with the phase of the United Nations Convention against Corruption \elements \understanding of the legitimate interests of the definition of in-depth discussion and put forward their own insights, and detail the significance of the legal regulation of China's use of the influence of taking bribes. Part II: elaborated the relevant provisions of the part of foreign influence legal regulation of accepting bribes investigation. From a comparative and international perspective, this section describes the relevant legislation of international, mainly including the relevant provisions of the United Nations Convention against Corruption, and other regional anti-corruption treaty, as well as the legislation of the United States, Singapore, France, to our country Legal Regulation of reference. Part III: China's use of influence Legal Regulation and Its Causes of accepting bribes, accepting bribes as a new count of the use of influence, one way or another linked to many other offenses, with its theory of the research is very important significance. This section is from the influence of taking bribes the legislation status quo angle to explore the realities of the study of the influence of taking bribes on the influential legal regulation of accepting bribes inadequacies, through the analysis of its causes, on the impact of China's use of the necessity and inevitability of the force taking bribes established. Part IV: the recommendations of the legal regulation of China's influence taking bribes. Above this part of the basis for the analysis of the current legislation, the problem exists through the use of the influence of accepting bribes detailed analysis put forward to improve the deficiencies of the existing legislation and put forward their own unique legislative proposals, as put forward should be required to \The part on China to take advantage of the problems of application of the law of the influence of taking bribes to analyze proposals for this crime law applies to the perfection of this crime law applies.