The Improvement Of Bribery Legislation In China Under The U. N. Anti-corruption Convention

In the process of economy globalization, nations in the world communicate with each other more and more closely. Meanwhile, the corruption crimes embody the trend of globalization. The United Nations Convention Against Corruption was passed under the above circumstance in the 58th U.N General Assembly.This Convention is the first international convention in this area which based on many countries'anti-corruption legislation and regional anti-corruption convention, indicating the fairly advanced legislation skill. Compared with the Convention, the current criminal law of the PRC still has a big gap; many problems are exposed in practice. As soon as the Convention is passed, legal scholars and practitioners began to focus on it, write works related and hold kinds of academic seminars to discuss the effect of the Convention to China's anti-corruption legislation.Bribery is an emphasis of the Convention, and also a hot point should be improved immediately in China's criminal legislation. In recent years, there are many intensive discussions on this issue and many differences existed between the theory and the practice. These differences include how to decide the subject of bribery; whether making"for other's interests","use the official convenience"and"seeking for undue interests"as the necessary components of the bribery; how to understand the meaning of"give"; the scope and the amount of bribery and so on.According to the regulations on crimes and the execution mechanism of the Convention, connecting the anti-corruption practice in China, This thesis reviews the differences above and compares the Convention with the regulations on bribery in Criminal Law of the PRC ,giving some suggestions on how to perfect the bribery legislation in China.The first part of this article explains bribery in the Convention and summarizes their traits, compares the necessary component of bribery in Criminal Law of the PRC and in the Convention generally to find out the gaps between them.Based on the first part, the second part compares the specific crimes related to bribery between the Convention and the Criminal Law of the PRC. Through comparison, many differences can be found in crime system, so an urgent improvement is needed.According to the regulations of the Convention and the practice in China, the third part of the thesis makes some conceptions on how to perfect the bribery legislation in China. Firstly, modify the necessary components of bribery and widen its application; Secondly, regarding to the specific crimes related, review the current crimes to modify some of them, and at the same time, add some new crimes .In conclusion, the pass and execution of the Convention is an important opportunity for our county to consummate the anti-corruption legislation. We should comply with the international legislative tendency, bear our international obligation practically and perfect the legislation of bribery to improve China's clean and honest administration law system.