Comparative Research On Crime Of Bribery

The author has been handling criminal cases for the public prosecution service for long time. During judicial practices, I find that there emerge lots of new problems concerning crime of bribery, which can't be solved by domestic criminal laws only. Though crime of bribery is a typical kind of crime and we have attached great importance on the researching of it, there are few articles analyzing this crime by way of comparison. This paper analyzes and researches the crime by view of comparison method. This will not only broaden horizon of our viewpoint to know about foreign criminal laws but also offer reference on improving domestic criminal legislation and solving practical problems.This paper will systematically analyze the legislation of crime of bribery in domestic and foreign laws on names, components and penalties by way of comprehensive comparison and example analyzing, which is to improve legislation of Chinese Criminal Law. On the basis of analyzing and comparison, we will find that we still can't punish crimes of bribery persistently and thoroughly by ruling Chinese Criminal Laws. At the same time, to find and analyze specific shortages is the precondition to make suggestion on amending components of this crime. The suggestion includes adding crime names, enlarge the scope of subjects and ways of crime, rebuild the system of punishment and regulate government clerk's activity of accepting gift.The purpose of researching and comparing the legislation of these countries is to use their successful experience as reference to make suggestions for Chinese legislation. We hope that the rules about crime of bribery in China would have better legislative system, more specific components, more effective functions and become more practical. Only if we have well-designed criminal legal systems, dare the criminals not commit bribery activities, which will ensure the probity of government clerks and push forward the development of China.