Thought On Bribery Crimes From The Reasoning Of Penalty Value

The crime of bribery is a problem which universally exists inpolitical and economic lives of every countries in the world. As thederivative of public power, all the countries with different systems inthe present time can't shake off its shadow, as a result, the preventionand control of bribery crime becomes the question for study that we facetogether. This thesis puts forward the research on problem of briberycrime, in the rap of making penalty value reasoning. On the base ofhistorical development of the theory about penalty value, this thesis setsforth the reasoning of penalty value and its inherent intension, andanalyze kinds of problems about bribery crime in the criminal legislationand judicature of our country, with the consideration of reconstruction.The thesis is divided into the introduction and the main body.The introduction is the raise of problems. It points out the factthat the crime of bribery creeps in our country, and the necessity ofanalyzing criminal legislation and judicature about current bribery crimewith the theory of penalty value. It asserts that only when the correctvalue conception of penalty, which is consistent with social developmentand regular pattern of crime, is established, can the largest benefitsof penalty be elaborated.The main body consists of four parts.The first part is the historical investigation of the theory ofpenalty value and the choice to make our penalty value reasoning and therepresentative theory of unification and the positive theory of generalprecaution doctrine. The main ideas of the conception of penalty value in enlightenment doctrine, classical criminal school empirical criminalschool and are analyzed in this part, from which we can find the basicdevelopment orbit of the theory on penalty value and the profundity, one—sidedness, and rationality and defection, It also analyzes the necessityand intension of our choice to make penalty value reasoning.The second part is the perspective of conception of penalty valuein our criminal legislation of bribe crime. It points out that ourcreations of penalty embody the trend which adores strict punishment, andthe toils of law embody the disorder in orientation of penalty value. Themodel which takes amount as conviction standard is unable to embody thejustice of penalty, and the installation of penalty kinds is unfavorablefor the realization of penalty value.The third part is the perspective of conception of penalty value inour criminal judicature of bribe crime. In the rap of making penalty valuereasoning, the problem about "master" of file standard in analyzingcriminal judicature, the problem about kinds of negative effects inconviction of bribe-counting, the jurisdiction problem to investigate andhandle, and the problem of prosecution on bribe are analyzed in this part.The forth part is about the future of legislation and judicature.According to the discussion above, it brings about tentative plans in thefuture which mainly are blocking holes, making the law nets tight, arranging reasonably, mitigating the penalty, integrating thejurisdiction in bribery crimes, establishing independent and efficientinvestigation organization again, and formulating《Law of BriberyPenalty》.