On Defects And Perfection Of The Legal Penalty For Bribery

Currently, the existence of the many problems in the legal framework for bribery penalty in our country has been weakening the attack on bribery crime. With an intention to solve these problems, this paper first studies the basic principles of the establishment of legal penalty, including the concept of legal penalty, the principles and means of its establishment. Based on these basic principles, the second part of the paper examines and analyzes the main problems existing in the establishment of bribery penalty in our penalty code, such as the unscientific amount standard, the inappropriate penalty establishment and the illogical penalty range. With a broad consultation of the bribery penalty in other countries and regions, this paper uses their experience in legislation for reference and proposes some suggestions to perfect our legislation, including establishing the legal penalty separately and setting a crime-based penalty standard, perfecting the penalty establishment in accordance with the characteristics of bribery and establishing an appropriate and scientifically-divided legal penalty ranges.