Comparative Study On Crime Of Bribery Between China Mainland And Hong Kong SAR

Bribery is a globally existed crime which causes severe hazard. In order to combat bribery, every country makes legislation on it; China mainland and Hong Kong SAR are of no exception. However, Hong Kong SAR makes greater achievements in attacking bribery than Chinese mainland does. Therefore, the comparative study on bribery between two regions has great significance in perfecting both legislation and judicial practice on bribery in China Mainland..Since there are some differences in legislation tradition, political thinking and social system between China mainland and Hong Kong SAR, there are also some differences in subject, subjective element, bribe scope and penalty of bribery between these two regions. First, Hong Kong Criminal law doesn't limit the subject into public employee, but China mainland does. Second, there are no such objective elements of bribery as "taking advantages of one's own position" and "seeking benefits for others" in Hong Kong Criminal law. But they are stipulated in China Criminal Law, which offer opportunities for criminals to escape from punishments. Third, Hong Kong Criminal Law has wider scope of bribe than China Criminal Law has, which includes not only property interests but also non-property interests; However, the latter one includes only property interests, which is not suitable for current criminal situation. In the end, penalty of bribery are different in severity and varieties between Hong Kong Criminal Law and China Criminal Law.For all the reasons above, China Mainland should perfect the crime of bribery by taking the following measures: expanding the subject scope of bribery, canceling the elements as "taking advantages of one's own position" and "seeking benefits for others", enlarge bribe scope to non-property interests or even to sex-bribery, perfecting the name system of bribery, setting up qualification punishment and fine punishment, and establishing Prevention Of Bribery Ordinance. All the measures above will help to realize the living real law justice in China criminal law legislation.