Bribery Governance In The View Of Jurisprudence

This paper firstly defines the basic concept and scope of jurisprudence,vision and governance.There is no consensus on the concept and connotation of jurisprudence in the Chinese law field.This paper holds the point that the jurisprudence covers legal theory,branch law philosophy,legal practice,political and public life,and has the functions of interpretation and analysis,reasoning thinking and dialectical judgment.It has extensive practical basis and practical needs.The vision is the understanding frame or the field of vision holding by a particular person in a particular historical stage and a particular cultural tradition to a specific field or problem,which is manifested in a specific view and viewpoint.The concept and scope of governance are very broad.Generally speaking,governance is the sum of the actions and the mothods of managing the same affairs in the public and private fields.It is also a continuous process of adjusting conflicts of interest and coordinating interaction,including the governance of statutory authorized bodies with mandatory effect and rules and regulations.The national governance system is a system of managing the country under the leadership of the Party,including the institutional mechanisms in the fields of economy,politics,culture,society,ecological civilization and party building,and the arrangement of laws and regulations,that is,a set of closely linked and coordinated national systems.This article regards the bribery governance as the research object.Combing and researching from the vertical and horizontal perspective of history and the international field,with the validity and the rationality of the criminal law,the criminal procedure law,the supervision law and other branch and procedure law in the rule of law practice as the proof,from the view of point of the economics,politics and sociology,under the rules of fairness,justice and specific social science,this paper analyzes,reflects,refines and studies the bribery governance and deduces the system and models of bribery and corruption governance in China.This paper is in line with the background of running the Party strictly and firmly fighting corruption and building a country governed by the rule of law since the 18 th National Congress of the Communist Party of China(CPC).In particular,in the party's 19 th CPC National Congress report,it is proposed that there are no no-go zones,no ground is left unturned,and no tolerance is shown for corruption.The tight constraints,the tough stance and a long-term deterrence are imposed.Both those who take bribes and those who offer them should be punished.It is also proposed to effectively curb the spread of corruption and build on the overwhelming momentum.From the perspective of vertical historical time and the practices of political and legal operation of countries all over the world,the current corruption governance is regarded as a global social and political difficult problem.The bribery is one of the most important forms of corruption.The effectiveness of bribery governance is the key to the success of the corruption governance and an important standard to evaluate the results of anti-corruption.In this paper,the author analyzes the legal phenomenon that "the officials who have taken bribes go to jail and the bosses who have offered bribes are at ease" as well as the prevailing social implicit rules of breaking up money to handle affairs and exchanging interests.The essence is that the space of legal effectiveness is compressed and distorted,the legal rules are insufficient,the invalidation of law is increasingly urgent,the legal value is difficult to realize,the social fairness and justice are not guaranteed.All of these affect the construction of socialist rule of law.Based on the verification of the validity and rationality of the criminal law,the research on the bribery governance in this paper is to deeply study the nature of bribery and bribery governance with the view of jurisprudence and legal thinking,from the perspective of economics,sociology and politics.Bribery is an economic rent-seeking behavior after the risk assessment of legal liability.It is a social latent rules overflowing with disregard for legal liability.It is a special social means of ignoring legal risk to resist political rule and forms a systematic and independent legal form.The research comprehensively utilizing normative analysis,case analysis,quantitative analysis and comparative analysis.It absorbs the achievements of law economics,law sociology and law politics to reflect on the predicament and causes of the current Model of bribery governance in China,and puts forward a comprehensive model of the combination of prevention and control of bribery in China,and explores the bribery governance system adapted to the practice of corruption management in China from the aspects of legislative practice reform and bribery crime prevention.The thesis is divided into three dimensions around the core point of view: the first dimension is to provide institutional suggestions and solutions for the difficulties and problems faced by the bribery governance in contemporary China;The second dimension is to provide a new theoretical perspective beyond the norms of criminal law for the bribery governance in contemporary China;the last dimension is to explore new ideas for the corruption governance in contemporary China and to provide a governance model in accordance with the national conditions.The paper is to investigate the historical development of bribery,bribery crimes and their governance,to make it clear that the bribery acts as an act of exchange of interests.Its carrier is property,with the appearance and circulation of goods,accompanied by the emergence of private property.Bribery is brought into legal regulation as a criminal act,which is accompanied by the establishment of a private ownership country,and summarizes the experience that can be used for reference in the governance of bribery crime in Chinese history.This paper analyzes the international treaties such as the United Nations Convention against Corruption and the systems and experiences of some representative countries and regions in Europe,America and Asia in the field of bribery governance.This paper puts forward the six trends and enlightenment of the bribery governance in foreign countries,including the co-crime and punishment of taking and offering bribery,light free punishment and Heavy fine etc.From the two aspects of legislation and judicature,this paper analyzes the present situation,predicament and causes of the bribery in China With a lot of empirical data by means of normative analysis and case analysis,and proves that the bribery governance in China is lagging behind.It is difficult to meet the needs of the rapid development of economy and society,the profound changes of international political and economic situation and the construction of socialist rule of law.The corresponding practical reform suggestions are put forward,that are,taking the United Nations Convention against Corruption and the anti-corruption experiences of various countries in the world as reference,based on the national conditions,seeking practical results as the principle,perfecting the legal system to make it more scientific,rigorous and effective,and conforming to the trend of historical development and the construction of the rule of law China.Under this principle,the author proposes reconstructing the constitution and punishment standard of bribery crime,standardizing the associated charge,formulating a criminal policy of combining leniency and punishment,and establishing an efficient system of supervision and investigation,etc.The whole society prevention should be vigorously carried out the building and a clean government system should be comprehensively promotedIn specific systems,it is necessary to improve the property declaration,to control and manage the commercial bribery,to establish a bribery crime database and a market bribery ban system,to improve the credit and media supervision,to perfect the protection system for whistleblowers and tainted witnesses,and to set up and improve the comprehensive model of governance for the bribery prevention and punishment.This paper uses the method of jurisprudence to study the bribery which used to be included into the field of criminal Law.The possible innovation of the study consists of three points.The first is that the field of vision and study has been expanded.The second is the innovation in research methods.The author summarizes the experiences and lessons of the bribery governance in foreign countries through the methods of deep historical investigation and horizontalcomparison of the international governance.The corrupt social behavior pattern dominated by modern bribery has been deduced through calculating,summing up and analyzing the profit margin of bribery with a large number of bribery cases.The third lies in the innovation of viewpoint and the content.It is also the most important innovation.Bribery,which originated in the tribal war at the end of primitive society,was a means of military and political struggle in the early stage of slavery,and then evolved into a crime of trading power and money.By the way of thinking jurisprudence,the legal barriers in the study of bribery have been broken,the advanced ideas of foreign countries have been assimilated and the gains and losses of their lessons have been summed up.It is suggested that the bribery in China should be dealt with in accordance with its profit-taking nature,the punishment should be clearly defined,the punishment of liberty should be light,and the penalty of fine should be heavy in practice,wide application of qualification penalty should be implemented.It is also suggested that the system of lenient punishment in admission of guilt and punishment should be implemented.The subject of bribery crime is diversified and its criminal essence extends to infringing the integrity,probity and unobtainability of the public and private duty authorization.It is important to insist on investigating those who offer and accept bribery and accepting bribes together,unifying the regulation through legislation and improving the bribery governance.It is suggested to establish a comprehensive corruption governance model centered on the comprehensive governance of bribery crime and to adjust the current corruption governance model focusing on taking bribery crime in China.