| The bribery crime is a typical crime by taking advantage of duty, as a major form of corruption, it brings serious damage to the honesty of public service personnel. However, while China's criminal law provides severe penalties on crime of bribery, but as a crime of hidden features, in the period of social transition from a planned economy to a market economy in China, bribery crime continued to show a spreading trend. The reason is very complicated and the defects in design of the legal punishment can be said as an important reason. In recent years the country has set off a new round of fight against the wave of crimes, it becomes a hot topic again and the results of cases has been concerned. However, the public's understanding of the the results of such cases and shows doubtful, the reason is that the circumstances of many cases are similar but the results become very different, or the circumstances vary widely, but the resultsare similar. In the general public view, this is indeed a puzzling thing.It should be noted that since the implementation of the existing criminal law, criminal law scholars has conducted in-depth and detailed study for taking bribes, explored this issue theory to a considerable height. provides a workable standard for the judicial practice. However, the author also found that, from research on the bribery, the vast majority did even not involve the setting of the punishment to the crime. this does make the author think of the phenominon of unbalance of China's criminal law, "serious crime, light punishment". Based on the dual needs of theoretical research and practical effects, this paper is going to start from analyzing the legal punishment of the bribery crime in China, review the punishment to the crime of bribery the deficiencies in the legal punishment of bribery crime, and put forward the corresponding improvement countermeasures expecting it can be helpful to the improvement of China's legal punishment of bribery crime. The whole text is divided into four parts:The first part is about our legislative evolution of legal punishment of the bribery crime. Punishment to the crime of bribery before the legislative changes after the Qin, Han Dynasty to the Qing Dynasty; modern Republic, during the movement of workers and peasants, workers and peasants democratic regime period, the Sino-Japanese War and the War of Liberation; beginning period of New China's founding; In 1979, "Criminal Law of People Republic of China " in 1979 and 1997. The evolution of the crime of bribery is almost as the same ages as history of Chinese civilization. In ancient China the legislation of bribery crime had more advanced experience, for example, it was stipulated closely in "Tanglv" about the way of bribery, as well as the circumstances of accepting bribery and to set different legislative models according to the different behaviours and its actors. This is still of significantly great reference value to today's legislation.The second part is the setting principles and basis of legal punishment. This part is going to in-depth discussionof the basic theories related, and to draw definitive conclusions. First, the concept of punishment should be confirmed. In response, academics have a lot of ideas. Through comparative analysis, the author believes that: punishment exists in not only criminal law and in some other sub-norms stipulations. Criminal Law is the premise of legal punishment while legal punishment is the concrete representation of criminal punishment. Legal punishment should include two parts: the kinds of punishments and punishment degree. Legal punishment is set for a variety of criminal acts, or that legal punishment is set for a specific criminal acts, the two kind of argument can be, no great wrong. Therefore, the concept of legal punishment should be: the combination of criminal law and criminal law in the other sub-norms of the criminal provisions of various kinds of crimes and punishments Second, characteristics of the punishment should include at least clear provisions of the law, being adapt to specific criminal acts, a certain space and hierarchy. Third, setting of the punishment must follow certain principles, is that determining the charges of legislator, measurement of social harm of crime and a clear relationship between the degree of sentence types to be followed during the basic principles and guidelines. Punishment to the principles setting should include the specific content of the scholars' ideas are not consistent. What are the content of setting legal punishment? In my opinion, it should include a clear principle, the principle of proportionality and the principle of justice. Finally, basic of setting punishment is the theory core of the whole article. It can be said that social harm is the premise and basis of setting punishment. Social harm is the integration of objective crime and the actor's subjective responsibility. However, how to measure the social harm of crime? Where should the evaluation aim from? This legislation is technically set in the legal punishment should be the first issue to be resolved. The author believes that the object of the crime is the main carrier of social harm, and the embodiment of the important functions. The effects of the object of crime play an important role in both legislation and judical. Specifically speaking, the object of a crime has an irreplaceable role for many crimes, and the qualitative identification of difficult cases. At the same time, for the setting of legal punishment lead the type of penalty choice and the division of the penalty range. The fundamental reason is that criminal behavior is the perpetrator of the implementation of the object of criminal damage or threatening behavior, and the perpetrator's subjective responsibility, which can all be reflected by the crime object's violated degree, so that the object of the crime reflects the social harm of criminal behavior and it is the main carrier of social harm, it is the main premise and basis of setting legal punishment.The third part is based on the premise of the theory as a fulcrum to start the punishment to the crime of bribery of our reflection. First, the object of crime is the basis of setting the legal punishment. But the objective of bribery crime and corruption crime, and the basis of setting these crimes should be different. The second is to compare bribery crime with corruption crime means that the sentencing of bribery perpetrators, based primarily on the amount of property received. The object of the crime of bribery is the integrity of official conduct (can not be bought), and the amount of bribery can not directly show the degree of being harmful to the society. It is the national staff who go against their duties and responsibilities. In addition, from a practical point of view, the hidden nature of the crime of bribery makes it difficult to verify the amount of property of taking bribes. Judicial officers are tired to collect the evidence of calculating the amount of bribes so that making the amount of taking bribes as the main basis for the conviction and sentencing. Which is not conducive to the case of non-material bribery into the framework of crime, virtually reduced the scope of bribery. Moreover, the real value of the amount of money is vulnerable to the impact of national economic development, the same amount of money in different historical periods have very different values, so making the amount of bribes taken as the main punishment standard lacks of scientific approach and it should be abandoned. However, the behavior of receiving property is also one of the main act crime of bribery. The more the property accepted, it can reflect the extent of bribery greed deeper. So the sentencing on bribery in the amount of property must also be given full consideration. The third is about the reflection on criminal bribery species of legal punishment. The severity of harmful levels corresponds to the crime punishment. To choose Kinds of punishment has largely influenced the severity of the penalty. This section analyses various types of penalties with the basic setting mode to talk about a few problems existing in choosing penalties. First, there are drawbacks objectively existed in the current death penalty of bribery crime in China. When setting in a separate legal punishment for the crime of bribery, if it continues to retain the death penalty, death penalty must be fully taken into account the overall development trends and China's treatment of the death penalty should be adhering to the basic idea - limit the death penalty to the maximum extent . Second, the death penalty suspended for two years of operation led to the pressure of practice of the death penalty immediately increased; the maximum length of imprisonment of fifteen years and life imprisonment determines the frequency of application of the death penalty, thereby affecting the overall severity of the penal system; the existence of administrative sanctions for minor bribery is necessary, but putting it directly connected with the penalty of deprivation of liberty, the difference between this punishment is heaven and earth and makes people uncomfortable. Meanwhile, the transformation of the perpetrator's ultimate purpose is to enable offenders to successfully return to society, to re-achieve harmony with society. And in all types of penalties, the offender can be achieved in close contact with the society, no other than the non-control, but the application of control in practice is very low. Therefore, we can consider to add an additional punishment to control criminal. Again, the match between the kinds of punishment is also with problem. This problem is mainly reflected in the medium-term imprisonment (up to five years in prison for the boundaries) and criminal detention. Such provisions in the criminal law has a very large number. In my opinion, criminal detention, control should not be provided with long-term imprisonment among the same level of legal punishment, it will be more reasonable and practical to combine with short-term imprisonment (three years). The fourth is to think about the qualifications of bribery crime. Generally speaking, in China's "Criminal Law" Criminal qualifications should include deprivation of political rights, deportation and deprivation of rank. For deportation and deprivation of rank this two qualifications punishment, there are no substancial problems, but a deprivation of political rights is very controversial. The author believes that "deprivation of political rights," the name is no longer appropriate. In addition, the specific content of deprivation of political rights set unreasonable, incomplete, and limited in scope. There is a lack of qualification punishment in the current legal punishment status of criminal bribery. It should be increased for the nature of their status as criminal offenders settings. Fifth, to reflect on setting criminal property punishment of bribery crime. China's property punishment is one form of criminal forfeiture of property, also divided into general confiscation and special confiscation. I believe that the criminal forfeiture of property should be abolished, replaced by a comprehensive criminal fines. Fifth, it is about the reflection of the magnitude of punishment to the bribery crime. I believe that the current penalty by accepting bribes in the range of punishment to a substantial cross makes some results of cases unreasonable. The basis of dividing punishment amplitude is also social harmness, and the degree of the bribery offender's against the official conduct is more appropriate to be considered as a main standard of judging social harm of bribery crime. Taking into account the complexity of this standard , I believe that the charges could be considered to set series that is the way to solve the problem of penalty rate. The sixth is the crime of bribery sentencing reflections on the issue. One of the features of legal punishment in China's "Criminal Law" is to measure the severity of the punishment by seeing the circumstance of the crime. Circumstance for sentencing can not only affect the division of different grades, some episodes of the same grade of punishment will be subdivided into two small levels, such as punishment to the crime of bribery. These circumstances of the punishment to the crime of bribery, most of the statutory circumstances are summarized provisions included with "repent after committing a crime, and actively ill-gotten gains" and other discretionary circumstances of specific criteria. In my opinion, some circumstances should be legalized and statutory circumstances should be appropriate explicit. In order to facilitate the operation and administration of justice closer to the requirements of the balance balance between crime and punishment.The fourth part is the punishment to the crime of bribery Legislation. After the research on the basic theory of legal punishment of bribery crime and the problem existing in the legal punishment, this section will combine a few representative countries of Continental Legal System and Anglo-American law system, and "United Nations Convention against Corruption" and Hong Kong, Macao, and Taiwan region of China's legislative experience, a clear concept of our penalty ought to be state, and as guidance for setting the punishment to the crime of bribery to make specific suggestions for improvement. Through the understanding of the relevant legislation in the United States, Germany, Russia, Japan, South Korea and Hong Kong, Macao, and Taiwan region, we know that the vast majority of countries will set the legal punishment of bribery crime separately, and only China makes the amount of taken bribes as the major penalties to the enactment of legislation in legal punishment. In the legal punishment imprisonment and fine punishment are main methods, applications are eligible for a sentence more widely, medium term of penalty and it does not apply the death penalty; using perpetrator of breach of duty to varying degrees as the main punishment standards of legislation is the majority, corresponding to different charges, and set up a separate legal punishment. With the objective need and judicial reality of China's punishment of the crime of bribery, I made the following specific suggestions for improvement: establishing a standard to sentence a crime according the extent of the duties and responsibilities of bribery; increasing the application of fine punishment and control punishment; reasonablly increasing setting in qualification sentencing; clarifying provisions of the circumstances which determines the magnitude of the penalty; integrating system of bribery charges, setting punishment to the crime of bribery separately in legislation.
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