Crime Of Giving A Bribe In Criminal Policy

In China, in comparison with crime of giving a bribe and crime of accepting a bribe, whether in criminal legislation or in theoretical study, they are in a late and incomplete status. From the definition of crime of giving a bribe in Chinese existing criminal law, at present China carries out such a criminal policy of "severe criminal law but incomplete definitions", its legislation is far away from the reality, and is unable to meet the demand :.n judicial practice. In practice, as a result of insufficient legislation, it caused many judicial personnel to feel at loose ends in investigating into crime of giving a bribe. The inequable criteria appear in executing the law in practice caused definite negative domino effect. In order to give some help, and to facilitate judicial equity, the author starts from the criminal policy of crime of giving a bribe, integrates judicial interpretation and judicial practice to have a discussion on some disputed issues in theory and practice. The dissertation is divided into four parts. Part one, analysis of criminal policy on Chinese crime of giving a bribe. First, the author synoptically introduces basic viewpoints on Chinese and foreign concerned criminal policies, points out that criminal policy has broad sense and narrow sense, and considers that the criminal policy on crime of giving a bribe should be understood in narrow sense. Secondly, the author reviews the historical evolution of new China's criminal policies on crime of giving a bribe, summarizes it as "severe criminal law but incomplete definitions", and has a comprehensive review on the criminal policies. Finally, according to the two aspects of the certain requirements and judicial practice of didymous crimes of giving a bribe and accepting a bribe, the author puts forward that the restructure of Chinese criminal policy on crime of givinga bribe should be realized from "severe criminal law but incomplete definitions" to "complete definitions but not severe criminal law". In order to realize such a right-about-face, it's necessary to adjust the crime circle and the punishment allocation of crime of giving a bribe, moreover current criminal law only defines crime of giving a bribe as " to figure for unfair interests" in subjective aspect and only defines its "bribery" scope in property in objective aspect, then lead to non tight legal meshes of crime of giving a bribe. Part two, the author studies "unfair interests". Because criminal law has no clear definitions for the connotation and character of "to figure for unfair interests", causes it to become the bone of contention in theory and practice. First, the author starts from Chinese historical evolution of legislation on crime of giving a bribe "unfair interests", briefly introduces domestic four viewpoints on "unfair interests" in theoretical circle. Secondly from "unfair", "law, rule, national policy and regulation cf each dept of State Council", "indefinite interests", and current obfuscation facing to define "unfair interests" etc, the author expatiates his understanding and cogntion on the definition of "to figure for unfair interests" in judicial interpretations of "Two Supreme (Supreme People's Court and Supreme People's Procuratorate)" for its application in judicial practice. At the same time the author discusses the existing problems of "unfair interests" in theory and the chaos caused by it in judicial practice. Again, from the essence of crime of giving a bribe, the provisions on crime of giving a bribe in foreign criminal laws, and the status existing "irrational but non violation of law" and "rational but illegal " in practice, the author indicates that the provisions of "unfair interests" caused the discrepancy between the lawmaking and the reality, and puts forward that such an important document should be abolished in lawmaking. Part three, the definition of "bribery" scope on crime of giving a bribe. First, the author introduces Chinese historical evolution and theoretical bifurcation on bribery scope. Secondly, the...