The Research On Bribery Crime

Bribery criminal is an ancient crime. But also a much discussed new topic. On the one hand, and its accompanied by the generation of power generated, a long time. On the other hand, the change with the development of society, it is difficult to eradicate. Currently, the bribery crime-related issues are increasingly becoming the focus of public attention, the controversial theory of hot spots, judicial application of difficulty, it is necessary under the new situation to further research and discussion. In this paper, the status of bribery, analyzes the main features of the current bribery, forecast the development trend of bribery. Through analysis of the punishment of bribery legislation, to find defects in legislation proposed for improvement in policy. In addition to punishment, how to control bribery from the source, how to bribe crime prevention, to propose ideas. Paper is divided into four chapters: The first chapter: "Overview of bribery criminal." This chapter has collected large amounts of data and examples, on the status of bribery, the main features and trends are introduced and analyzed. The second chapter," legislative bribery "Overview and Limitations. By understanding this chapter, the existing criminal legislation of the relevant provisions on bribery, compared to bribery situation and development trend of the relevant legal system, to find that the concept of criminal law in the legislation, the penalty set such limitations. Therefore , whether it is punishment for bribery response to the needs of the new situation, or as a "United Nations Convention against Corruption" needs of States parties in fulfilling treaty obligations, China has the need to improve the relevant provisions of the criminal law. Chapter III, "Improvement of the legal punishment of criminal bribery system." This chapter is a question for the previous chapter, from the name system of bribery charges, improve the composition of elements of bribery, and bribery reconstruction of three major aspects of configuration, which includes the scope of bribery and other nine small areas. With criminal law theory and legal practice, "on how to improve the legal punishment of criminal offenses of bribery system" are discussed, and put forward views. Chapter IV, "Prevention of Bribery." There is a saying, if only punishment, not prevention, will make the situation even more serious; if only to prevent, rather than to punish, then prevention is invalid; the prevention and punishment of the combination, then everything is fine. Although this is exaggeration, but it reflects from one side of the importance of prevention, especially in the present and future for a long period of time, China's "anti-bribery," the task is arduous situation, the legal punishment has been unable to cope alone. Therefore, continuous improvement in the legal system, and vigorously punish bribery, prevention should be strengthened, focusing on source control, and explore mechanisms of bribery, institutional innovation.