The Bribery Crime's Legislation Flaws And Its Complementarities

As one great crime reasons of the social corruption, bribe crime infringes the national missionary functionary actions greatly. So we must suppress the bribe crimes rigorously, including the briber and boodler. However, in Chinese judicial fulfillment, there is less criminal responsibility to the briber compare with the boodler. One of the reasons is no certain bribery's inscape in clause No.389 of the current criminal law; another reason is the general criminal responsibility in clause No. 390 of the current criminal law. From the points of bribery's inscapes and the punishment-computation, I bring forward my own comprehension and suggestion with some controversial problems. The paper includes three parts.The first part is the bribery crime. Above all, I can summarize the bribery crime's current legislation, introduce the regulation to the bribery crime in the current criminal law and the legislation evolution, point out there is no specific cognition in bribery crime's inscapes and the punishment-computation. From the points of bribery crime's subjective inscapes, we experienced the time of no subjective inscapes and the time of defining the subjective inscapes as lawless benefit's chase. Then the definition of the lawless benefit's chase is cancelled, until 1988 the subjective inscapes is changed to the wrongful benefit's chase ,this definition is up to the present;From the points of the bribery content, the initial bribe is limited to the property; From the points of the bribery crime's maximal legal punishment, the death penalty changed to the maximal punishment is the set term of imprisonment that under 3 years, it is upgraded to the life imprisonment. From it we can know there is no coherent spirit in the regulation to the bribery crimes. Secondly I expatiate the bribery crime's conception and the character. I have introduced the bribery crime's definition and expatiate its inscapes one by one. The principal part of bribery crime is commonly body, namely, it is the person who has achieved the age of legal...