The fifth part mainly analyzes the legislative perfection of the crime of using influence to accept bribes. After the legislation of this crime was promulgated, the provisions of the current Criminal Law on bribery have been greatly improved, but there are still many aspects that need to be adjusted urgently. For example, although most cases of taking bribes by influence occur among natural persons, this kind of corruption between natural persons and government units or between units is spreading, and the nature of this crime is also seriously harmful to society, so it is necessary to impose criminal punishment on the criminals who take bribes by influence in these units.
There are also such "professional brokers" who are not "close friends" in society. Their behavior conforms to the provisions of this crime, but they are not the subject of this crime, so they cannot be cracked down and need the attention of the legislature. The crime of accepting bribes is a "partnership crime". Usually only those who take bribes will take bribes. While we stipulate the crime of using influence to accept bribes, we have not included the briber in the crime of bribery. Whether out of respect for tradition or in order to coordinate the system, it should be included in the scope of criminal law.
There is also a kind of "professional broker" who does not belong to "close relationship" in our society. Their behavior conforms to the provisions of this crime, but they are not the subject of this crime and cannot be cracked down. Therefore, the legislature should pay attention to them. The crime of accepting bribes is a kind of "implicated offense". Usually, bribery will only happen if someone offers bribes, but the briber is not included in the provisions of the crime of accepting bribes. Regardless of the consideration of respecting tradition or coordinating system, bribers should be included in the relevant criminal law.
The scope of accepting bribes in this crime adopts the narrowest "property theory", which is limited to money and goods, and inherits the legislative model of "conviction by counting stolen goods" in China. In practice, it is quite harmful to bribe with non-property interests that are inconvenient to calculate value. Therefore, expanding the scope of the crime of accepting bribes is an inevitable trend of the development of the times, and it is also the need to be in line with international standards. After the introduction of this crime, the criminal law has stipulated the crime of taking advantage of the functions and powers of state functionaries on-the-job and after-job, but there is no punishment for those who are about to become state functionaries to accept money from the trustee and seek benefits for the trustee after taking office. This kind of "pre-job bribery" behavior also violates the integrity of post behavior. This paper thinks that this kind of behavior should be punished through analysis.
The scope of bribery adopted in this law adopts the narrowest meaning of "property theory" and only considers money and goods; It inherits the legislative model of "assessment and conviction of illegal gains" in China. However, in China's actual judicial practice experience, bribery cases in the form of non-property interests are common, and their value is incalculable. The harm of this kind of bribery is already very serious. Therefore, expanding the scope of bribery crime is an inevitable trend of the development of this era, and it is also to connect with international norms. After the promulgation of the Anti-Bribery Law, the provisions on the crime of accepting bribes by using influence of on-the-job and ex-job government employees were included in the Criminal Law. However, there is still a lack of punishment in the regulations, that is, for those government workers who are about to take office, they accept money and goods from bribers and then help them get benefits after taking office. This behavior of "accepting bribes before taking office" also violates the integrity of office behavior; Through the analysis of this paper, it is considered that this kind of behavior should be punished criminally.
Note: this kind of translation is really difficult, so you should get extra points! !
English niurentuan