On Chinese Bribery's Situational Crime Prevention

Today, our country advances the socialism law construction day by day, bribery's corrosiveness and destructiveness are very serious, the government and the entire society urgent needs to solve this difficult problem. In our country, it mainly depends upon the Judicial Crime Prevention, again in the auxiliary comprehensive program of public order each special preventive measure carries on the prevention to the bribery, although it has played major positive role, but the bribery's situation are still stern. With the increasing development of western countries 'practice in prevention crime and the criminology research, the crime prevention way gradually transforms from a traditional judicial prevention pattern to the union pattern of society crime prevention, Judicial Crime Prevention and Situational Crime Prevention. Situational Crime Prevention shifts the crime reason's angle of view accessory culprit criminal situation , by changing the situation influencing behavior to change the crime motive, so as to control and the prevent crime, this provides a new way to prevent bribery for our country.This article contains four parts of contents to explore the way of preventing bribery by Situational Crime Prevention. The first chapter researches Situational Crime Prevention's elementary theory, understanding it's concept, rationale, the practice measures , as well as the relations with other preventions, providing the rationale for the effective application scene prevention. In order to correctly understanding Situational Crime Prevention, we needs to understand the meaning of "situation", and compares it with the environment, the crime field, the crime realization condition, thus strengthen the understanding of Situational Crime Prevention. The theoretical research results of new classic criminal school, the crime victim study, the environmental criminology and the specific understanding of after-industry-society crime's reason, have laid the full rationale for the Situational Crime Prevention; rational choice theory and the crime cost-income analysis thought constituted the Situational Crime Prevention's elementary theory factor. By Situational Crime Prevention's measures, we see it has the merits of convenience, strong operational characteristics, the attention of mobilizing the social public and so on, simultaneously discovered it possibly causes the shift of crime. Comparing Situational Crime Prevention and society crime prevention, Judicial Crime Prevention in the idea stratification plane, we find that both Social Crime Prevention and judicial prevention have flaws, needing cooperate with Situational Crime Prevention, and there is cooperation's foundation between them.The second chapter researches the necessity of implementing Situational Crime Prevention in bribery's prevention. Researching the necessity of implementing Situational Crime Prevention in bribery, we need to understand the present situation of our country's bribery and analyze it's reason; through the diligent work of the criminal law, the incumbent Party, the Procuratorial agency as well as National People's Congress, the supervision body, the audit body in preventing and controlling the bribery, we known that our country's prevention of bribery mainly depends on Social Crime Prevention and Judicial Crime Prevention, Situational Crime Prevention is weak comparing with them. After that, by analyzing the realistic demand and feasibility of Situational Crime Prevention's implementation in prevention of bribery, it further proves Situational Crime Prevention's necessity in the bribery prevention.The third chapter explores the measures of bribery to implement Situational Crime Prevention. It needs to be systematic in designing Situational Crime Prevention's measures, so we should choose one thought to pass through it. By analyzing bribery's main body, goal, time, space, we find that each factors which influencing bribery is complex and changeable, it's hard to design measures in view of various factors one by one, so it's a good idea to solve this problem by the thought of increasing the crime risk to strengthen the anti-situation, reducing the crime income to weaken promotional-situation to design the situational measures. Therefore, the article introduces the crime cost and the income analysis theory, to analysis direct cost, time opportunity cost, penalty cost, the society supplements the costs , the material income and the spiritual income of bribe behavior and bribes the behavior, discovering each kind of factors influencing bribery's cost and income, then, proposing the pointed preventive measures. Finally, according to bribery's characteristics, we propose a general method using Situational Crime Prevention to prevent bribery. The fourth chapter researches bribery's Situational Crime Prevention's linking-up with other preventions, simultaneously response the union pattern which finally proposed in the first part. The bribery's Situational Crime Prevention is not an isolated system, its taking stopgap measures characteristic decides its function also relies on the Social Crime Prevention and the Judicial Crime Prevention's cooperation and help. Moreover, the network media taking powerful strength, performing the scientific guidance and the management to it, may promote the scene prevention's effect.Situational Crime Prevention has its necessity and the space in the bribery's prevention, in order to control and prevent current frequently occurring bribery effectively, we need to study and use Situational Crime Prevention, and link up it with Social Crime Prevention and Judicial Crime Prevention.