The Settings And Perfection Of The Statutory Punishment Of Bribery Crime

This paper tries to set the principles of legal punishment, reference about taking bribes legal sentence set all the advanced experience of the legal punishment, analyzes the defects of bribes, and finally puts forward some improvement Suggestions. This paper discusses the divided into four parts:The first part is the legal punishment of setting principle overview of the concept of conviction, respectively, French legal punishment configuration principle, legal sentence Settings described in this paper. The way among them, the legal punishment shall follow the principle of legality equilibrium configuration, humanity principle, and legal punishment determination principle. But legal punishment of setting into absolutely certain legal punishment, absolutely uncertain legal punishment, relatively certain legal sentence 3 kinds.The second part of bribes legal sentence for comparative studies. Through comparing the continental law major countries (such as Japan, Germany), Anglo-American law major countries (such as the United States, Singapore), our country legal punishment of Hong Kong on bribery related regulations, try the author sums up their worth learning experience. In addition, through to the UN convention against corruption bribes legal punishment of on the analysis of the relevant provisions, and further inductive taking bribes legal sentence set related principles and worth thinking aspects. The third part mainly discusses our country legal punishment of bribes set defects. The legal punishment for bribery by the legal punishment of corruption establishment, determine the main standard bribes legal punishment is "amount", legal punishment of amplitude Settings fairly wide and have superposition phenomenon and punishments set problems such as simpler analysis;The fourth part puts forward the legal punishment Settings in bribery improvement Suggestions. One should set up independent legal punishment, and change to the amount of the legal punishment for the center, including perfecting standard of the amount of the sin of bribes and sets the standard in plot primarily, by the amount of legal sentence pattern; complementary Second is strictly limited and even to abolish death penalty; Thirdly, perfect property punishment of bribes in personal configuration: adding fine punishment, the amount in multiple of bribes to determine the fine punishment, fine punishment in Settings when considering the actual implementation factors; Its 4 it is increase the configuration, on the one hand, qualification penalty set up special qualification punishment, and on the other hand refining the punishment of deprivation of political rights.Finally, in this paper, combining with the conclusion of the basic operation of the bribes sentencing standardization requirements and sketched the bribery legal punishment.