Study On Prevention And Control Measures To Bribery Crime

There are many causes of high frequency of bribery crime,including political causes,economic causes,cultural causes,legal causes,personal causes etc.This dissertation aims to find out effectual measures according to these causes.It is divided into six chapters.Chapter one relates to an introduction to prevention and control measures to bribery crime,which reveals the conception,the nature and the hazards of bribery crime,describes briefly the strategies to curb corruption in UN Convention against Corruption,the experiences of America, England,Germany,Singapore and Hong Kong etc on the governance of bribery crime.Chapter two relates to the foundation of prevention and control measures to bribery crime,which discusses the current situation and causes of bribery crime.This chapter argues that nowadays the the number of cases of bribery crime is growing,major and serious criminal cases are increasing,the criminal amount is increasing more and more,the dark figure of crime is big,the field of bribery crime is widen,the subject of bribery crime is enlarged,Criminal Tricks concealment and anti-seize ability is becoming more and more serious,criminals' flight is very serious, and so on.Based on current situation,this chapter analyses the following main causes of failure to control bribery crime:the detriment of the systems on power distribution leads to too much concentration of power, which is easily out of control,the existing disadvantages of the distributive system leads to the psychological basis of officials who have high social status and low salaries to seek rent of public power,the dregs of capitalistic culture and rotten concept in our traditional culture leads to the distortion of officials' outlook on life and values,the insufficient of legal control of bribery crime leads to the out of legal control of many bribery behaviors, the lack of special investigative measures leads to the low seize ratio of bribery crime,the ineffective control of big judicial discretion leads to the too light punishment of some criminals,which reduces crime cost,the defection or non-implement of social supervisory system leads to the out of control of the use of power,which is an easy target for criminals,fluke mentality and herd mentality of criminals,etc.Chapter three relates to the criminal legislation of prevention and control measures to bribery crime,which discusses the criminal law and criminal procedure law of bribery crime.As to the criminal law of bribery crime,this chapter first reviews the main measures to control bribery crime in China since the foundation of the state and then argues that the rule of "enlisting benefits for others" in the crime of accepting bribe,and the rule of "figuring for malfeasant benefits" in the crime of offering bribe should be cancelled,the object of bribe should be enlarged to "benefit" to tighten the toil of law,to bring some bribery behaviors which is now out of control into the criminal law,fine punishment should to included,and qualification punishment should be attached to bribery criminals,the legislation model of "convicting according to booty" should be changed.As to criminal procedure law,the rule of exemption of blot witness should be introduced to correct the illegal judge in practice,the investigation organs should be empowered to do secret investigation to enrich their measures to collect evidence,improve the seize ratio,and control bribery crime efficiently.Chapter four relates to the judicial measures of prevention and control measures to bribery crime,which is divided into investigative measures, prosecuting measures and judging measures.As to the investigation,the main problems nowadays are as follows:the criteria of evidence for filing cases is too high,the resources of investigation is not integrated effectively, the professional qualities of investigators are not strong enough,etc. Therefore,this chapter argues that the check up system should be improved, the investigation should be done according to law strictly,the resources of investigation should be integrated,the ability of investigation,professional qualities and operation skills should be improved,etc.As to prosecution, the main problem is the rate of non-prosecution is far too high.The reason is the misunderstanding of Criminal Policies at the Extremes and the lack of restricting the non-prosecution power.Therefore this article argues that we should estabilish an idea of restrictly managing officials and controlling the power of non-prosecution,include that the nominating scope of supervisors should be enlarged,their independence should be protected, and their rights to know should be secured,etc.As to the judge,the ratio of use of probation and exemption of bribery criminals is too high nowadays, the reason of which is that the judges' discretion of is too big,and there is a misunderstanding to the idea of mitigation and the criminal policy of combining punishment with leniency.So this chapter argues that the judges' discretion should be controlled,the criminal policy of bribery crime should be perceived correctly,and the wrong ideas about law enforcement should be corrected.Chapter five relates to the social measures of prevention and control measures to bribery crime,which divided into constrainable measures, incentive measures and self disciplined measures.As to supervision measures,this chapter argues the reporting system and the officials' property report system should be improved,the system of restricting the acceptance of presents should be established,the supervision by public opinion and audit supervision should be reinforced,bribery files referral system should be improved to make the operation of power restricted by reasonable supervision and control,eradicate the root and condition of corruption,and make the officials cannot corrupt.As to incentive measures, this chapter argues that civil servant election system should be strengthened, the system of "secure clean by salary" and earnest money for honest and clean govemment should be established.As to self disciplined measures, this chapter argues that the ideological political education of officials should be strengthened and the moral cultivation of officials should be improved to amplify officials' ability to resist corruption,and make officials do not want to corrupt.Chapter six relates to the international measures of prevention and control measures to bribery crime,which argues that according to the serious phenomenon of bribery criminals' flight,the systems which can prevent bribery criminals' flight,such as the system of "keeping on record of officials' relative going aboard",the system of administration on entering or leaving a country and the system of ID management etc.should be established and improved,the systems which can punish bribery criminals' flight,such as the system of extradition,the criminal justice assistant and asset recovery etc.should be perfected.