| At present, China is in a critical period of social transition, a profound change in economic structure, a profound change in social structure, a profound adjustment of the pattern of interests, a profound change in ideas ,all of this are the main features of transition period, and this is accompanied by the absence of rules and norms and not perfect. Accompanied with this specification is missing and imperfect system.All along, the CPC Central Committee attaches great importance to building honest and diligent government,State law also continue to enhance efforts to crack down on corruption and crime,Corruption the counter-embezzlement has made positive progress. However, corrupt elements trying ever-changing pattern , tried to avoid the loopholes in the law, anti-corruption laws face serious challenges. This method of comparative analysis using horizontal, through analysis of China and other major countries and regional and international conventions relating to the law crime of bribery, in order to find legislative Defects Bribery in China, and on the basis of learning from and absorbing foreign bribery crime mature legislation, put forward a sound legislative proposals of Bribes. Paper is divided into five parts, about thirty-six thousand words.First, our current interpretation of bribery legislation. This section is divided into two small parts, the first introduces the 97 Criminal Code, Criminal Law Amendment (VI), and Criminal Law Amendment (VII) relating to bribery crimes legislation. The second part mainly make a specific analysis from the perspective of crime of bribery to our country of crime. The object of a crime, the criminal law field has two theories,a single main object and the complex object. I agree with a single object that can not be bought in the duty act of doctrine, that it can reflect the purpose of accepting bribes legislators created. The objective aspect of crime, including the use of his position, the basic forms of bribery as well as Seek benefits for others. Used his position is that useing within the scope of his position of power, that is, on the charge of their duties, the contractor responsible for a public affairs or the terms of reference and convenience formed; the basic form of bribery to obtain bribes and accepting bribes ; in the whether to repeal "for others to benefit", not only in theory and judicial practice there are large differences in theoretical but also there is a "positive" and "no" controversy within the theoretical circles, according to the Supreme People's Procuratorate of judicial interpretation, obtain bribes strongly need to have the element of "making benefits for others" , acceptance of bribes is not need to have "make interests for others" . The object in terms of bribery. the Criminal Code clearly clearly as "property", "kickbacks," "fees," about "property" of the extension. I believe that only from a linguistic point of view is not enough to explain, but also intention of the legislator should from the object and the point of accepting bribes to explain, resulting not only refers to money and material possessions, but also "the interests of other economic value." The existing criminal law on the subject of the crime of bribery include: "State organs in the national staff engaged in public service" and "national staff of the personnel" and " having close relatives or other close relationship with the national staff ".I believe that the law on the scope of national staff of a close relative have different places, and" relationship "neither or nor close mainly in accordance with the usual relationship between the two sides . Subjective aspects of bribery have "direct intent said""the indirect intention said" and "criminal negligence said", The traditional view is dominated by "direct deliberately said." Penalty in terms of bribery, our criminal law do not have the independence penalties, but Punished in accordance with corruption.Second, the extraterritorial and Hong Kong criminal investigation on bribery legislation. This part of the charges of taking bribes from a set, behavior, object, subject and Criminal responsibility for five views, visit the legislation relating to bribery of the United States, Japan, Germany, Hong Kong, China and the United Nations Convention against Corruption. It mainly show the following characteristics: (1) More than the small charge of taking bribes, Criminal law more stringent. (2) Generally to refine the behavior of accepting bribes to "accept", "request" or "agreement." (3) The wide extension of the object of taking bribes, generally include all material and non-material interests. (4) The main body of a wide range of bribery, generally including civil servants, judges, arbitrators, and will become civil servants, judges, arbitrators people. (5) In the criminal responsibility of taking bribes, criminal detention of the main types of punishment, criminal fines, confiscation of proceeds of crime and deprived of civil rights, universal abolition of the death penalty.Third, comparative analysis of foreign bribery crime. This part of the charges by accepting bribes, taking bribes behavior, the scope of bribery, bribery, the main body and the criminal responsibility of bribery for five parts, crime of bribery of foreign comparative analysis of horizontal, can be seen by comparing: (1) Set in the charges, the foreign and Hong Kong region of China have the Scientific Criminal charges. Expressed in terms of counts, most civil law representation concise, common law most of the statements sought to be exhaustive. Contrast, our country express the legislative bribery simply and roughly, difficult to apply the Criminal Code. (2) The acts of bribery of foreign legislation is largely a "breach of duty whether the" mode and the "to benefit" out of the elements of the crime of bribery outside, and our criminal law is stated as "used his position" and the " to benefit "as accepting bribes (except bribes types of crime) of the constituent elements. (3) The scope of bribery, the world's major countries and regions from the point of view, only to "property" as the object of legislative bribery and mainstream theory has been quite rare, and our criminal law the object of bribery confused confined to " property " .(4) In the bribery crime body aspect, overseas and HONG KANG criminal law's main body scope is broad, our country criminal law also day by day consummates about the bribery crime main body's stipulation, but from the "Convention" requirements there is a gap. (5) The criminal responsibility of accepting bribes, national and regional legislation has three major distinctive feature, namely the standard provisions of a separate penalty; the second is to abolish the death penalty; third is almost no reference to the amount of legislation as a sentencing cases.Fourth, the legislative shortcomings of taking bribes. Through the international comparative analysis in the third part, we found the existence of China's seven major bribery legislation defects: (1) The charge system is not complete; (2)The meaning of "used his position" is not clear; (3)Make "making benefits for others" as a necessary constituent elements of taking bribes is wrong; (4)Bribed behavior is defined as "obtain" and "recipient" are too simple; (5) The object of bribery are somewhat narrow and limited to property; (6) The main body of accepting bribes range need to be improved; (7) Bribery sentencing system is imperfect.Fifth,improve bribery legislation. The last part is the content of this article, the main crime of bribery of our current legislation improve and add to our strict anti-bribery criminal law. (1) Proposed to amend the Criminal Law Article 385th first section; (2) Proposed to amend the Criminal Law 386th; (3) Proposed to amendment the Criminal law 388th first section; (4) Proposed to add "foreign public official" or "public international organization officials" accepting bribes; (5) Proposed to add "pre-person" accepting bribes.
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